CREATOR PARTNERSHIPS
INFLUENCE
IS EARNED.
WE HELP YOU MONETIZE IT.
We connect creators, podcasts, and independent media brands with sponsorships that fit their audience.
You create
We handle the business.
We manage the work behind sponsorships—from identifying the right brands to coordinating the campaign.

Find the right fit
We identify brands that align with your audience, content, and positioning.

Start the conversation
We handle outreach, introductions, and the initial deal discussion.

Build the partnership
We help shape pricing, deliverables, timelines, and expectations.

Manage the campaign
We coordinate approvals, communication, reporting, and follow-through.
BUILT FOR THOSE
WHO BUILD AUDIENCES.
We work with creators and media brands that build trust and drive real impact.

Podcasts
Podcasters and show hosts building loyal, engaged audiences.

Creators
YouTube creators, streamers, and influencers.

Independent media
Digital publishers, editorial teams, and independent media brands.

Niche communities
Communities, membership groups, and vertical brands with dedicated followings.

Newsletters
Newsletter operators and email publishers.

Live shows
Event creators, tour producers, and live experience builders.
YOU STAY IN CONTROL.
You approve every partnership, keep 100% of the deals you secure independently, and only pay us on opportunities we bring or you ask us to structure.

Your deals stay yours
Deals you find and handle independently remain entirely yours.

You have final approval
No brand, rate, deliverable, or campaign moves forward without your approval.

We earn when we add value
Our commission applies only to opportunities we introduce or help structure.
Let's talk
partnerships.
Tell us who you are and where we can find your work.
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Privacy Policy.
This Privacy Policy explains how Provocative Media LLC collects, uses, discloses, retains, protects, and otherwise processes personal information in connection with our website and related business activities.
1. SCOPE OF THIS PRIVACY POLICY
1.1 IntroductionProvocative Media LLC (“Provocative Media,” “we,” “us,” or “our”) respects the privacy of individuals who visit our website, communicate with us, submit information to us, or interact with us in connection with a potential or existing business relationship.This Privacy Policy explains how we collect, use, disclose, retain, protect, and otherwise process personal information in connection with our website and related business activities.This Privacy Policy is intended to provide notice of our information practices. It should be read together with any additional privacy notice, consent, authorization, or written agreement that applies to a particular interaction or relationship.1.2 Website and Activities CoveredThis Privacy Policy applies to personal information collected through or in connection with:(a) the Provocative Media website located at https://www.provocativemedia.com, together with any page, form, feature, or service made available through that website (collectively, the “Website”);(b) contact forms, inquiry forms, partnership forms, vendor forms, questionnaires, applications, and other forms submitted through the Website;(c) emails, direct messages, telephone calls, video calls, meetings, and other business communications with Provocative Media, whether initiated through the Website or through another authorized business channel;(d) information submitted by, or concerning representatives of, potential or existing brands, Creators, podcasts, shows, newsletters, independent media organizations, vendors, contractors, service providers, referral partners, professional advisers, and other business contacts;(e) information collected, received, created, or reviewed while evaluating a potential sponsorship, partnership, Campaign, vendor relationship, referral arrangement, service engagement, or other business opportunity;(f) publicly available professional, business, social-media, audience, platform, channel, publication, or content information reviewed in connection with an inquiry, Campaign, compliance review, or potential or existing business relationship;(g) communications and records relating to the evaluation, negotiation, preparation, execution, administration, performance, modification, suspension, termination, or enforcement of a potential or existing business relationship;(h) participation in a Campaign, business meeting, event, presentation, or other activity for which this Privacy Policy is provided or made available; and(i) other online or business interactions in which this Privacy Policy is displayed, linked, referenced, or expressly incorporated.1.3 Meaning of Personal InformationFor purposes of this Privacy Policy, “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an identifiable individual or household.Depending on applicable law, personal information may include:(a) personal contact information;(b) professional and business-contact information;(c) online identifiers;(d) device and network information;(e) communications and inquiry contents;(f) social-media or platform information;(g) audience and performance information;(h) commercial and transactional information; and(i) inferences reasonably derived from other personal information.Professional or business-contact information may constitute personal information where protected by applicable law.Information does not cease to be personal information merely because it is publicly available unless applicable law expressly excludes that information from its definition of personal information.References in this Privacy Policy to “personal information” include “personal data” and similar terms used under applicable privacy laws, unless a different meaning is required by law.1.4 Potential and Existing Business RelationshipsThis Privacy Policy applies before, during, and, where relevant, after a business relationship, including when Provocative Media:(a) receives, reviews, or responds to an inquiry;(b) evaluates whether a brand, Creator, vendor, contractor, referral partner, service provider, opportunity, or other relationship may be suitable;(c) reviews public profiles, websites, platforms, channels, publications, audience information, professional materials, business records, or Campaign history;(d) conducts reasonable identity, business, conflict, compliance, fraud, brand-safety, legal, regulatory, reputational, or commercial review;(e) prepares, discusses, negotiates, or administers proposals, Campaign terms, agreements, Statements of Work, Creator Campaign Addenda, Campaign Briefs, Change Orders, amendments, or other arrangements;(f) coordinates Campaign activities, Deliverables, communications, approvals, payments, reporting, or recordkeeping;(g) maintains records relating to a past, pending, declined, suspended, completed, or terminated relationship; or(h) establishes, exercises, or defends legal or contractual rights.Submitting information to Provocative Media does not guarantee:(a) acceptance of an inquiry;(b) representation by Provocative Media;(c) selection for or participation in a Campaign;(d) receipt of a sponsorship, partnership, referral, or other opportunity;(e) engagement by a particular brand or Creator;(f) execution of an agreement; or(g) formation or continuation of any contractual, commercial, fiduciary, employment, agency, or other business relationship.1.5 Agreements Governing Signed RelationshipsA signed relationship between Provocative Media and a brand, Creator, vendor, contractor, referral partner, service provider, or other party may also be governed by one or more separate written agreements, including a:(a) Brand Services Agreement;(b) Brand Statement of Work;(c) Brand Change Order;(d) Creator Sponsorship Representation Agreement;(e) Creator Campaign Addendum;(f) Creator Campaign Amendment;(g) vendor or independent-contractor agreement;(h) referral or finder agreement;(i) nondisclosure agreement;(j) release, consent, or authorization; or(k) other written commercial agreement.Those agreements may contain additional terms concerning:(a) confidentiality;(b) information security;(c) Campaign administration;(d) recordkeeping;(e) data access;(f) permitted disclosures;(g) intellectual-property rights;(h) reporting;(i) regulatory compliance; and(j) the handling of information relating to the applicable relationship.This Privacy Policy supplements those agreements but does not replace them.If a separate written agreement expressly addresses the processing, protection, disclosure, retention, or handling of information in connection with a particular relationship, that agreement shall control the contractual relationship to the extent of a direct conflict, subject to applicable law.No separate agreement shall be interpreted to waive, restrict, or eliminate a privacy right that cannot lawfully be waived, restricted, or eliminated.Where Provocative Media provides a separate privacy notice for a specific service, program, jurisdiction, category of individual, or processing activity, that separate notice shall apply to the subject matter it expressly covers.1.6 Information Concerning Other IndividualsIf a person provides Provocative Media with personal information concerning another individual, the person providing the information is responsible for ensuring that:(a) the information is accurate to the best of that person’s knowledge;(b) the disclosure is lawful;(c) the person has authority to provide the information;(d) any notice required by applicable law has been provided;(e) any legally required permission, authorization, or consent has been obtained; and(f) the information is reasonably necessary for the stated business purpose.This may include information concerning:(a) employees, officers, contractors, or representatives of a brand;(b) members of a Creator’s management, production, or business team;(c) podcast hosts, co-hosts, guests, producers, or other participants;(d) contractors, vendors, agencies, or professional advisers;(e) business partners, prospective contacts, or referral contacts;(f) event participants;(g) rights holders; and(h) parents or legal guardians of minor Creators or participants.Individuals should not provide sensitive personal information concerning another person unless the information is reasonably necessary, lawfully authorized, and specifically requested by Provocative Media.Information concerning a minor should be provided only by the minor’s parent, legal guardian, authorized representative, or another person lawfully permitted to provide that information.1.7 Third-Party Websites, Platforms, and ServicesThe Website and our business communications may contain links to, interact with, or use services provided by third parties, including:(a) social-media platforms;(b) video, audio, podcast, streaming, or publishing platforms;(c) website-hosting and infrastructure providers;(d) form, email, and communications providers;(e) payment and banking providers;(f) electronic-signature providers;(g) analytics, security, or fraud-prevention providers;(h) scheduling and video-conferencing services; and(i) other external websites, applications, platforms, or services.This Privacy Policy does not govern a third party’s independent collection, use, disclosure, security, or retention of personal information.Third-party services are governed by their own privacy notices, terms, and practices, even when they are linked from the Website or used in connection with a Provocative Media business activity.This exclusion does not apply to information processed by a service provider on behalf of Provocative Media where Provocative Media determines the purposes for which the information is processed. Our use and disclosure of such information remain subject to this Privacy Policy and applicable law.Provocative Media is not responsible for the independent privacy, security, or data practices of a third party that we do not control.1.8 Activities and Information Not CoveredUnless expressly stated otherwise, this Privacy Policy does not apply to:(a) information processed solely by an individual in a personal or nonbusiness capacity;(b) information collected and controlled independently by a third party that is not acting on behalf of Provocative Media and that is not received, accessed, or controlled by Provocative Media;(c) deidentified, anonymized, or aggregated information that cannot reasonably be used to identify, relate to, describe, associate with, or link to an identifiable individual or household;(d) information that applicable law excludes from the definition of personal information or personal data;(e) information covered by a separate privacy notice provided by Provocative Media for a specific service, program, activity, jurisdiction, employment relationship, or category of individual; or(f) information for which Provocative Media acts solely as a service provider, processor, contractor, or similar entity on behalf of another organization, to the extent a different privacy notice or agreement governs that processing.If deidentified, anonymized, or aggregated information is later reidentified or reasonably linked to an identifiable individual or household, it shall be treated as personal information under this Privacy Policy to the extent required by applicable law.Nothing in this Section excludes information merely because it is stored, transmitted, or processed using a third-party service provider acting on behalf of Provocative Media.1.9 Geographic Scope and Applicable LawThis Privacy Policy applies subject to applicable federal, state, local, and, where relevant, international privacy and data-protection laws.Privacy rights and obligations may vary depending on:(a) the individual’s place of residence;(b) the location from which the individual interacts with Provocative Media;(c) the nature of the information;(d) the purpose for which the information is processed;(e) the nature of the applicable relationship;(f) whether a particular legal threshold has been met; and(g) any exemption or exception available under applicable law.A provision of this Privacy Policy describing a right granted by a particular privacy law applies only where that law applies to Provocative Media, the applicable processing activity, and the requesting individual.Nothing in this Privacy Policy limits any privacy right or protection that cannot lawfully be waived or restricted.Nothing in this Privacy Policy requires Provocative Media to provide a right, remedy, disclosure, or procedure beyond what is required by applicable law or expressly promised in this Privacy Policy or another binding written agreement.1.10 Relationship to Other Website TermsThis Privacy Policy describes Provocative Media’s collection, use, disclosure, retention, protection, and other processing of personal information.Use of the Website may also be governed by separate Website Terms and Conditions addressing matters such as:(a) permitted use of the Website;(b) intellectual-property rights;(c) prohibited conduct;(d) third-party links;(e) disclaimers;(f) limitations of liability; and(g) dispute resolution.The Website Terms and Conditions do not replace this Privacy Policy and shall not be interpreted to eliminate a privacy right that cannot lawfully be waived or restricted.2. PERSONAL INFORMATION WE COLLECTThe personal information Provocative Media collects depends on how an individual interacts with us, the nature and stage of the applicable inquiry or business relationship, and the Website features, communications systems, and service providers involved.We may collect the categories of personal information described below.The examples provided in this Article are illustrative. We do not necessarily collect every listed item from every individual.
2. Information Provided
2.1 Information Provided Directly to Us
We may collect personal information that an individual provides directly to us through the Website, a form, email, telephone call, video conference, meeting, electronic-signature platform, onboarding process, payment process, or other authorized business communication.Contact InformationThis may include:(a) first and last name;(b) business or personal email address;(c) telephone number;(d) mailing, residential, or business address where reasonably necessary;(e) preferred method of communication; and(f) other information used to identify or communicate with the individual.Professional and Business InformationThis may include:(a) company or brand legal name;(b) Creator, show, podcast, newsletter, publication, channel, community, or media-brand name;(c) job title, position, department, or business role;(d) employer, business affiliation, management relationship, or professional relationship;(e) website address;(f) social-media, streaming, podcast, newsletter, publication, or other public-profile links;(g) primary Platforms, channels, publications, or media formats;(h) business location, market, industry, service area, or operating territory;(i) professional qualifications, experience, or business history; and(j) information concerning a vendor, contractor, agency, referral partner, representative, or other business relationship.Creator, Audience, and Performance InformationWhere relevant to an inquiry, evaluation, Campaign, or business relationship, this may include:(a) audience size;(b) followers or subscribers;(c) average or historical views;(d) impressions or reach;(e) engagement information;(f) downloads;(g) listenership;(h) website or publication traffic;(i) watch time or audience-retention information;(j) audience demographics;(k) audience geographic information;(l) Platform analytics;(m) Campaign-performance information;(n) screenshots, exports, media kits, or analytics reports; and(o) other audience, content, commercial, or performance metrics submitted to us.Sponsorship, Campaign, and Partnership InformationThis may include information concerning:(a) the type of sponsorship, representation, partnership, vendor, or commercial assistance requested;(b) Campaign interests, requirements, or objectives;(c) preferred industries, categories, brands, Creators, audiences, Platforms, or markets;(d) proposed Services, Deliverables, dates, schedules, budgets, pricing, compensation, or other business terms;(e) current or prior sponsorship, advertising, affiliate, endorsement, or commercial activities;(f) potential conflicts, competitive restrictions, or exclusivity obligations;(g) requested usage rights, paid-media rights, whitelisting, licensing, or Creator-identity rights;(h) products, services, offers, claims, disclosures, links, codes, or Brand Materials;(i) approval, revision, publication, reporting, or performance requirements;(j) Campaign participation, completion, delay, suspension, cancellation, or closeout information; and(k) other information reasonably relevant to evaluating, negotiating, administering, or completing a business opportunity.Vendor, Contractor, and Service-Provider InformationWhere a vendor, contractor, adviser, agency, or service provider contacts or works with us, we may collect:(a) the individual’s or company’s services;(b) qualifications, experience, work samples, or portfolio information;(c) business references;(d) availability and scheduling information;(e) rates, estimates, proposals, or pricing;(f) insurance, licensing, certification, security, or compliance information;(g) contractual and performance information;(h) invoice and payment information;(i) tax and payee information after a relationship is established; and(j) other information relevant to evaluating, onboarding, administering, paying, or managing the relationship.Contract, Signature, and Authorization InformationWhere an agreement or other document is prepared, reviewed, or executed, we may collect:(a) legal name;(b) business or entity name;(c) title or signing capacity;(d) signature;(e) initials;(f) signature date and time;(g) contract, amendment, approval, or authorization records;(h) electronic-signature audit information;(i) Internet Protocol address or device information recorded by an electronic-signature provider;(j) document access, delivery, and completion records; and(k) other information reasonably necessary to establish authority, execution, approval, or acceptance.Payment, Tax, and Transaction InformationWhere a commercial relationship is established, we or our payment, banking, accounting, payroll, or tax-service providers may collect information such as:(a) legal payee name;(b) business or entity name;(c) billing and remittance address;(d) taxpayer classification;(e) taxpayer identification information;(f) Form W-9 or other applicable tax documentation;(g) bank or electronic-payment instructions;(h) payment-platform account information;(i) invoices;(j) payment amounts, dates, and status;(k) transaction identifiers;(l) refund, cancellation, chargeback, or collection records; and(m) other information reasonably necessary to process, document, report, or administer payments.Complete banking credentials, taxpayer identification numbers, and similar sensitive information should be submitted only through a secure method specifically designated by Provocative Media or its authorized provider.Provocative Media may receive only limited information from a payment, banking, payroll, or tax provider, such as a confirmation, masked account information, transaction status, or payment identifier.Communications and Submitted ContentWe may collect information contained in:(a) inquiry descriptions and messages;(b) emails, direct messages, correspondence, and business communications;(c) telephone or video-conference communications;(d) meeting notes and internal follow-up records;(e) proposals, presentations, media kits, rate cards, briefs, and Campaign materials;(f) contracts, forms, releases, authorizations, and other documents;(g) files or attachments submitted through an authorized process;(h) responses to questionnaires, applications, onboarding forms, or information requests;(i) feedback, requests, complaints, disputes, and support communications; and(j) other information an individual chooses or is required to provide in connection with an inquiry or relationship.We will record a telephone call, video conference, or meeting only where we provide appropriate notice or obtain consent where required by applicable law.2.2 Information Collected Automatically
When an individual visits or interacts with the Website, Provocative Media and the service providers that operate, host, secure, maintain, or support the Website may automatically collect or generate certain technical, device, network, and usage information.Depending on the Website’s configuration, the individual’s device and browser settings, and the services in use, this information may include:(a) Internet Protocol address;(b) browser type, version, and settings;(c) device type and device characteristics;(d) operating system;(e) language and regional settings;(f) referring website, page, search engine, advertisement, or source;(g) pages, sections, content, links, forms, or buttons viewed or selected;(h) date and time of access;(i) time, frequency, and duration of Website interactions;(j) navigation paths and interaction information;(k) approximate geographic location derived from an Internet Protocol address;(l) cookie, session, or similar technology identifiers;(m) form-submission dates and timestamps;(n) whether an email or form transmission was delivered or encountered an error;(o) diagnostic, availability, performance, fraud-prevention, and security information; and(p) other technical information generated through interaction with the Website.This information may be collected through:(a) cookies;(b) server and access logs;(c) Website-hosting and infrastructure systems;(d) form-processing tools;(e) security and fraud-prevention technologies;(f) analytics tools, if enabled;(g) embedded content or third-party integrations; and(h) similar technologies.Provocative Media may use or receive only a portion of the technical information collected through the Website.A hosting, infrastructure, analytics, security, embedded-content, or other technology provider may independently collect, maintain, or process additional information according to its own systems, contractual role, privacy notice, and legal obligations.The collection of a category described in this Section does not necessarily mean that Provocative Media currently uses a separate analytics or advertising tool to collect that category.2.3 Cookies and Similar Technologies
The Website and the providers supporting it may use cookies, server logs, local storage, pixels, scripts, or similar technologies to:(a) operate and deliver the Website;(b) maintain functionality;(c) process forms;(d) remember settings or preferences;(e) measure Website traffic or interactions;(f) diagnose errors;(g) prevent fraud, spam, misuse, or security incidents; and(h) improve Website performance and administration.The specific cookies and similar technologies used may depend on the Website’s configuration and the third-party services enabled at the time of the visit.Additional information concerning these technologies, available controls, and any advertising or analytics technologies will be provided in the applicable cookies section of this Privacy Policy.2.4 Information Obtained from Public Sources
When evaluating, developing, administering, or protecting an inquiry, Campaign, Creator relationship, brand relationship, vendor relationship, referral, or other business opportunity, we may collect or review information that is lawfully available to the public.Public sources may include:(a) social-media profiles and posts;(b) video, streaming, podcast, audio, and publishing Platforms;(c) Creator channels, profiles, media pages, or storefronts;(d) personal, professional, or business websites;(e) newsletters, publications, and public archives;(f) publicly accessible audience, engagement, and performance information;(g) public posts, videos, audio, comments, interviews, and other content;(h) business and professional directories;(i) professional networking Platforms;(j) corporate websites;(k) governmental and public business records;(l) professional licenses and registrations;(m) news reports and media coverage;(n) publicly announced Campaigns, sponsorships, affiliations, or commercial relationships; and(o) other lawfully accessible sources.We seek to collect and use publicly available information only where it is reasonably relevant to the business purposes described in this Privacy Policy.The fact that information is publicly available does not necessarily mean that Provocative Media will collect, retain, disclose, or otherwise process it.Publicly available information may be excluded from the definition of personal information under some laws but may remain protected under other laws or circumstances.2.5 Information Obtained from Other Persons and Organizations
We may receive personal information from:(a) brands and their employees, representatives, agencies, or advisers;(b) Creators and members of their management, production, or business teams;(c) agencies and media buyers;(d) vendors, contractors, and service providers;(e) referral partners and business contacts;(f) professional advisers;(g) payment, banking, accounting, tax, or electronic-signature providers;(h) event organizers, venues, production companies, retailers, distributors, or industry participants;(i) Platforms, analytics providers, affiliate networks, or tracking providers;(j) publicly available databases, directories, and records; and(k) other persons or organizations that are authorized or legally permitted to provide the information.Information received from these sources may include:(a) contact details;(b) professional or business information;(c) referrals or recommendations;(d) Campaign information;(e) contract or authorization records;(f) payment or transaction confirmations;(g) public-profile and audience information;(h) compliance, conflict, fraud-prevention, or security information;(i) business-history or relationship information; and(j) other information needed to evaluate, establish, administer, protect, or conclude a business relationship.2.6 Information Generated or Inferred During Evaluation and Administration
We may create internal records, classifications, assessments, or reasonable business-related inferences from information submitted to us, collected automatically, obtained from public sources, or received from other persons or organizations.This information may include:(a) the apparent suitability of a Creator, brand, vendor, contractor, partner, or opportunity;(b) relevant content, audience, market, product, or industry categories;(c) potential brand and Creator matches;(d) availability, scheduling, or capacity considerations;(e) possible conflicts, competitive restrictions, or exclusivity concerns;(f) compliance, fraud, brand-safety, legal, regulatory, security, or reputational concerns;(g) inquiry, proposal, onboarding, Campaign, or payment status;(h) communication and relationship history;(i) Campaign administration and performance notes;(j) follow-up priorities;(k) internal risk assessments; and(l) internal decisions regarding whether, when, or how to pursue, administer, suspend, decline, or conclude an opportunity or relationship.These records and assessments are used for legitimate business evaluation, administration, security, compliance, and relationship-management purposes.They do not guarantee that any inquiry, Creator, brand, vendor, Campaign, or opportunity will be accepted, approved, matched, or continued.2.7 Sensitive Personal Information
The Website and its general public inquiry forms are not designed or intended to collect highly sensitive personal information.Unless Provocative Media specifically requests information through an appropriate process, individuals should not submit through a general Website form, ordinary email, or unsolicited attachment:(a) Social Security numbers, taxpayer identification numbers, passport numbers, driver’s-license numbers, or other government-issued identification numbers;(b) account passwords, security codes, authentication credentials, or unrestricted account-access information;(c) complete bank-account, payment-card, or financial-account information;(d) medical, health, genetic, disability, or health-insurance information;(e) precise geolocation information;(f) biometric information used or intended to identify an individual;(g) information concerning race or ethnic origin, religious or philosophical beliefs, sexual orientation, sex life, or trade-union membership;(h) detailed criminal-history, background-check, or investigative records;(i) the contents of private communications not intended for Provocative Media;(j) information presenting a substantial risk of identity theft, financial fraud, discrimination, or other harm if improperly accessed; or(k) other sensitive or legally protected personal information not reasonably required for the applicable interaction.If sensitive personal information is reasonably necessary for a commercial, payment, tax, identity-verification, compliance, accessibility, travel, safety, or other authorized purpose, Provocative Media may request it through a separate process and may provide additional instructions, disclosures, consents, or terms.Sensitive personal information collected for such a purpose will be used only for reasonably necessary and legally permitted purposes, subject to applicable law.If sensitive information is submitted without being requested, Provocative Media may take reasonable steps to:
(a) delete it;(b) restrict access to it;(c) return it;(d) redact it;(e) avoid further use of it; or(f) decline to process the applicable submission,subject to applicable law, technical limitations, recordkeeping obligations, and legitimate security or legal needs.2.8 Information Concerning Minors
The Website is intended for general business and professional use and is not directed to children under thirteen years of age.General Website forms are not intended for the independent submission of personal information by children under thirteen.Where a potential Creator, participant, guest, or other individual is a minor, Provocative Media may collect limited information through or with the involvement of:(a) a parent;(b) legal guardian;(c) authorized manager or representative; or(d) another person legally permitted to act for the minor.Such information may include:(a) the minor’s name;(b) age or date-of-birth confirmation;(c) public Creator or performance information;(d) parent or guardian contact information;(e) permission, authorization, consent, or release information; and(f) information reasonably necessary to evaluate or administer the applicable opportunity.Information concerning a minor should not be submitted unless the person submitting it is legally authorized to do so.Additional practices concerning children and minors are described in the children’s privacy section of this Privacy Policy.2.9 Information We May Not Receive or Control Directly
Some hosting, infrastructure, communications, analytics, security, payment, electronic-signature, embedded-content, or other technology providers may collect or process information when providing services used in connection with the Website or our business operations.Provocative Media may not receive, store, control, or have direct access to every item of information collected or generated by those providers.A provider may act:(a) on behalf of Provocative Media;(b) for its own operational, security, legal, or service-improvement purposes; or(c) in more than one legal or contractual capacity.Where a provider processes personal information on behalf of Provocative Media, our use and disclosure of the information remain subject to this Privacy Policy and applicable law.A provider’s independent collection, use, disclosure, retention, and security practices may also be governed by its own privacy notice and terms.2.10 Accuracy and Changes to Submitted Information
Individuals and organizations providing information to Provocative Media are responsible for providing information that is accurate and complete to the best of their knowledge.They should promptly notify us where information material to an inquiry, Campaign, payment, compliance matter, or business relationship becomes inaccurate, incomplete, outdated, or misleading.Provocative Media may supplement, correct, update, or annotate its records using information received from the individual, an authorized source, a public source, or a service provider.Nothing in this Section limits a privacy right to request correction where such a right is provided by applicable law.2.11 Changes to the Categories of Information Collected
The categories of personal information collected may change if Provocative Media adds, removes, or modifies:(a) Website forms;(b) analytics or security tools;(c) scheduling or communications tools;(d) customer-relationship or Campaign-management systems;(e) payment, banking, accounting, or tax services;(f) electronic-signature tools;(g) advertising or measurement technologies;(h) embedded content;(i) onboarding procedures; or(j) other Website or business features.We will update this Privacy Policy or provide another appropriate notice where reasonably necessary to describe a material change to our collection practices.Where required by applicable law, we will provide notice at or before collecting a materially different category of personal information or using personal information for a materially different purpose.We will not apply a materially broader information practice retroactively to personal information previously collected under a more restrictive privacy representation without providing appropriate notice or obtaining consent where required by applicable law.
3. HOW WE USE PERSONAL INFORMATION
Provocative Media may use personal information for the purposes described in this Article, depending on:(a) the nature of the information;(b) how the individual interacts with us;(c) the nature and stage of the applicable inquiry or business relationship;(d) the individual’s reasonable expectations;(e) the systems and service providers involved; and(f) applicable law.The examples below are illustrative. We do not necessarily use every category of personal information for every stated purpose.3.1 Purpose Limitation and Data Minimization
We seek to collect and use personal information only where it is reasonably necessary and proportionate for:(a) the purpose for which the information was collected;(b) another purpose disclosed in this Privacy Policy;(c) a purpose reasonably compatible with the context in which the information was collected;(d) a purpose directed or authorized by the individual;(e) compliance with applicable law; or(f) another purpose for which additional notice or permission is provided where legally required.We do not intend to collect, use, retain, or disclose more personal information than is reasonably necessary for the applicable business purpose.The fact that a particular use is described in this Privacy Policy does not mean that every item of personal information will be used for that purpose.3.2 Responding to Inquiries and Communications
We may use personal information to:(a) receive, review, organize, and respond to Website submissions;(b) answer questions and requests;(c) communicate regarding potential sponsorships, partnerships, Services, Campaigns, vendor relationships, referrals, or other business opportunities;(d) schedule telephone calls, video conferences, meetings, or follow-up communications;(e) verify contact details;(f) request information reasonably necessary to evaluate or respond to an inquiry;(g) route an inquiry to the appropriate person or business function;(h) provide status updates;(i) prevent duplicate, fraudulent, or abusive submissions; and(j) maintain appropriate records of communications.Submitting an inquiry does not guarantee:(a) a response;(b) acceptance;(c) representation;(d) receipt of a sponsorship or partnership opportunity;(e) Campaign participation;(f) execution of an agreement; or(g) formation of a contractual or business relationship.3.3 Evaluating Potential Business Relationships
We may use personal information to evaluate whether a potential Brand, Creator, podcast, show, publication, newsletter, independent media organization, vendor, contractor, referral partner, service provider, or other business contact may be suitable for a relationship with Provocative Media.This evaluation may include considering:(a) business needs and objectives;(b) professional experience and qualifications;(c) content category, format, quality, and consistency;(d) audience size, characteristics, reach, engagement, downloads, or other performance information;(e) applicable Platforms, channels, publications, or media formats;(f) industry, product, audience, or commercial alignment;(g) geographic market or territory;(h) availability, capacity, and scheduling;(i) proposed pricing, compensation, budget, or commercial terms;(j) potential conflicts, restrictions, or exclusivity obligations;(k) legal, regulatory, disclosure, compliance, safety, security, fraud, and brand-safety considerations;(l) publicly available business history or professional conduct;(m) prior communications or relationship history; and(n) other information reasonably relevant to the proposed relationship.Subject to applicable law and binding contractual obligations, Provocative Media may determine whether to:(a) pursue;(b) prioritize;(c) pause;(d) decline;(e) suspend; or(f) discontinuea potential business opportunity or relationship.3.4 Identifying and Evaluating Sponsorship and Campaign Opportunities
We may use personal information to:(a) identify possible matches between Brands and Creators;(b) evaluate whether a Creator, audience, Platform, product, service, Brand, or Campaign appears commercially suitable;(c) assess Campaign objectives, structure, scope, timing, budget, and feasibility;(d) evaluate proposed Deliverables;(e) evaluate Creator availability and willingness to participate;(f) evaluate Brand requirements;(g) evaluate usage rights, paid-media requirements, whitelisting, Creator-identity rights, and exclusivity;(h) identify potential conflicts, competitive restrictions, or existing commitments;(i) develop Campaign packages or possible commercial arrangements;(j) communicate with potential Campaign participants; and(k) administer preliminary sponsorship or partnership discussions.Information submitted by or concerning a Creator may be used to evaluate potential Brand opportunities.Information submitted by or concerning a Brand may be used to evaluate potential Creators, shows, publications, media properties, audiences, Platforms, or Campaign structures.We do not guarantee that any evaluation will result in:(a) an introduction;(b) a Campaign;(c) a sponsorship;(d) an agreement;(e) a particular Creator or Brand match; or(f) another commercial opportunity.3.5 Preparing and Administering Proposals and Agreements
We may use personal information to prepare, negotiate, execute, administer, modify, and maintain:(a) proposals;(b) estimates and Campaign packages;(c) pricing and commercial terms;(d) Brand Services Agreements;(e) Brand Statements of Work;(f) Brand Change Orders;(g) Creator Sponsorship Representation Agreements;(h) Creator Campaign Addenda;(i) Creator Campaign Amendments;(j) Campaign Briefs;(k) nondisclosure agreements;(l) releases, consents, and authorizations;(m) vendor or independent-contractor agreements;(n) referral or finder agreements;(o) invoices and payment records; and(p) other business documents.We may also use personal information to:(a) confirm the identity and authority of a signer;(b) route documents for review or signature;(c) maintain electronic-signature and execution records;(d) document approvals and authorizations;(e) administer amendments and Change Orders;(f) monitor contractual deadlines and obligations;(g) preserve evidence of execution or acceptance; and(h) enforce applicable agreement terms.3.6 Conducting Business Due Diligence
We may use personal information to conduct reasonable business, identity, legal, compliance, conflict, fraud, security, safety, and reputational review related to a legitimate business decision.This may include:(a) confirming professional or business identity;(b) reviewing public websites, profiles, channels, content, publications, and business records;(c) reviewing publicly available audience or performance information;(d) assessing apparent audience authenticity;(e) identifying potential conflicts, exclusivity restrictions, or prior obligations;(f) evaluating Brand, Creator, product, vendor, or Campaign risk;(g) reviewing publicly reported business conduct, disputes, enforcement actions, or safety issues;(h) confirming licenses, registrations, insurance, or qualifications where relevant;(i) comparing submitted information with lawfully available information;(j) investigating suspected fraud, impersonation, misrepresentation, or unlawful conduct; and(k) verifying information supplied in connection with an inquiry or proposed relationship.Any internal evaluation:(a) reflects information reasonably available at the time;(b) may be incomplete or subject to change;(c) is used for internal business decision-making;(d) is not a certification or guarantee;(e) is not an endorsement of the individual or organization reviewed; and(f) is not intended to constitute a consumer report, credit report, professional background-check report, or legal determination.If Provocative Media later conducts a regulated background check, consumer report, or similar screening process, we will follow any additional notice, authorization, and legal requirements that apply.3.7 Administering Business Relationships and Campaigns
Where a business relationship is established, we may use personal information to:(a) onboard Brands, Creators, vendors, contractors, and other business participants;(b) coordinate Campaign planning and performance;(c) communicate Campaign information and instructions;(d) manage Creator selection, confirmation, participation, and substitution;(e) administer Deliverables, deadlines, submissions, reviews, approvals, and revisions;(f) distribute Brand Materials, Campaign Briefs, links, codes, and approved instructions;(g) manage publication and completion schedules;(h) administer usage rights, paid advertising, whitelisting, Creator-identity permissions, and exclusivity;(i) coordinate products, samples, equipment, travel, events, and on-site participation;(j) manage Campaign reporting and analytics;(k) manage Campaign delays, changes, disputes, suspensions, cancellations, and closeout;(l) communicate with authorized representatives;(m) monitor compliance with applicable agreements; and(n) perform our contractual and operational obligations.Additional information practices relating to a signed relationship may be described in the applicable agreement, Campaign documentation, consent, authorization, or separate privacy notice.3.8 Processing Payments, Taxes, and Financial Administration
We may use personal information to:(a) prepare and issue invoices;(b) process deposits and other payments;(c) pay Creators, contractors, vendors, or service providers;(d) verify payee and billing information;(e) administer refunds, credits, chargebacks, disputes, and collections;(f) track amounts earned, paid, payable, overdue, or disputed;(g) maintain transaction records;(h) complete tax reporting and related documentation;(i) obtain or process Form W-9 and other applicable tax forms;(j) perform accounting and reconciliation;(k) detect suspicious or unauthorized transactions;(l) comply with banking, payment-provider, tax, and financial-recordkeeping requirements; and(m) obtain accounting, tax, legal, insurance, or financial advice.Sensitive tax, banking, or payment information should be provided only through the process designated by Provocative Media or its authorized provider.3.9 Maintaining Business and Administrative Records
We may use and retain personal information to:(a) maintain contact and relationship-management records;(b) document inquiries, evaluations, decisions, approvals, and communications;(c) maintain Campaign, contract, signature, payment, accounting, and tax records;(d) manage internal workflows and assigned responsibilities;(e) preserve evidence of transactions, instructions, permissions, and performance;(f) prepare internal business and Campaign reports;(g) administer vendor and service-provider relationships;(h) maintain conflict, exclusivity, usage-rights, payment, and Campaign-expiration trackers;(i) support insurance matters, audits, and professional advice;(j) preserve records relating to disputes or legal claims;(k) comply with legal and contractual recordkeeping obligations; and(l) maintain reasonable business continuity and historical records.We may retain records concerning declined, inactive, completed, suspended, disputed, or terminated opportunities where reasonably necessary for:(a) legitimate business administration;(b) legal or contractual obligations;(c) conflict and non-circumvention management;(d) fraud prevention;(e) security;(f) accounting and tax purposes;(g) dispute resolution; or(h) establishing, exercising, or defending legal rights.3.10 Preventing Fraud, Spam, Misuse, and Security Incidents
We may use personal information and technical information to:(a) detect and prevent spam, fraud, impersonation, deceptive inquiries, and misuse;(b) authenticate or verify communications, instructions, and transactions;(c) protect the Website, email systems, payment systems, accounts, records, personnel, Creators, Brands, vendors, and business partners;(d) identify suspicious, malicious, unlawful, or unauthorized activity;(e) detect attempted circumvention or unauthorized use;(f) investigate security events and suspected compromises;(g) prevent unauthorized access, disclosure, alteration, loss, or destruction of information;(h) maintain backups and business continuity;(i) enforce Website, contractual, access-control, and security requirements; and(j) maintain the integrity, security, and availability of our systems and operations.Subject to applicable law, we may restrict, block, preserve, review, or disclose relevant information where reasonably necessary to investigate, prevent, or respond to:(a) fraud;(b) abuse;(c) security threats;(d) unlawful conduct;(e) contractual violations; or(f) threats to persons, property, systems, or business operations.3.11 Enforcing Agreements and Protecting Legal Rights
We may use personal information to:(a) administer, interpret, and enforce agreements;(b) verify compliance with Campaign requirements;(c) investigate suspected contractual breaches;(d) collect amounts owed;(e) protect Confidential Information, intellectual property, Campaign Content, usage rights, and trade secrets;(f) investigate or prevent circumvention, unauthorized licensing, or unauthorized use;(g) respond to complaints, claims, disputes, or demands;(h) establish, exercise, preserve, or defend legal claims and remedies;(i) seek or respond to mediation, arbitration, administrative, or judicial proceedings;(j) obtain professional legal, accounting, tax, insurance, security, or compliance advice; and(k) protect the lawful rights, property, systems, safety, and legitimate business interests of Provocative Media and other persons.This purpose does not authorize use of personal information for retaliation, unlawful discrimination, harassment, or an unrelated purpose.3.12 Complying With Legal and Regulatory Obligations
We may use, preserve, or disclose personal information where reasonably necessary to:(a) comply with applicable laws and regulations;(b) respond to court orders, subpoenas, warrants, and lawful government requests;(c) satisfy tax, accounting, corporate, insurance, and recordkeeping obligations;(d) respond to legally valid privacy-rights requests;(e) comply with advertising, sponsorship, endorsement, disclosure, intellectual-property, consumer-protection, privacy, and data-security requirements;(f) comply with applicable Platform Rules;(g) cooperate with lawful investigations;(h) submit required tax or governmental filings;(i) comply with litigation holds or preservation obligations;(j) prevent or address conduct that may violate applicable law; and(k) protect persons from reasonably suspected fraud, abuse, or unlawful activity.Where legally permitted and reasonably practicable, we may evaluate the validity, scope, and authority of a request before disclosing personal information.We may object to, narrow, challenge, or seek protective treatment for a request where we reasonably determine that doing so is appropriate and lawful.3.13 Operating and Improving the Website and Business Operations
We may use personal information and technical or usage information to:(a) operate, provide, maintain, and monitor the Website;(b) process and route Website forms;(c) understand how visitors interact with Website pages and features;(d) diagnose technical errors and performance issues;(e) maintain availability and security;(f) improve Website structure, content, navigation, usability, and accessibility;(g) evaluate the effectiveness of inquiry and communication processes;(h) improve Campaign administration and business workflows;(i) develop, test, and improve internal processes, templates, records, and services;(j) plan business operations and resource needs;(k) evaluate service-provider performance;(l) create statistical, aggregated, or deidentified business information; and(m) support ordinary internal business analysis.
We do not intend to use Website inquiry information to make unrelated decisions about individuals outside Provocative Media’s legitimate business activities.3.14 Quality Assurance, Training, and Internal Oversight
We may use limited personal information to:(a) review the quality and accuracy of communications;(b) train personnel and contractors concerning appropriate business procedures;(c) maintain consistent Campaign and customer-service practices;(d) identify process errors;(e) improve internal documentation;(f) investigate complaints or performance concerns; and(g) monitor compliance with confidentiality, security, and other internal requirements.Where reasonably practicable, we will minimize, redact, aggregate, or deidentify personal information used for training, testing, or quality-assurance purposes.Personnel, contractors, and service providers receiving access for these purposes should be limited to persons with a legitimate business need and subject to appropriate confidentiality or contractual obligations.3.15 Software-Assisted Organization and Evaluation
We may use software, filters, databases, spreadsheets, relationship-management systems, search tools, or similar technologies to:(a) organize and retrieve business records;(b) route or categorize inquiries;(c) identify possible Brand-Creator matches;(d) manage Campaign status and deadlines;(e) identify incomplete, duplicate, suspicious, or potentially fraudulent submissions;(f) assist with business research and evaluation; and(g) support internal decision-making.Such tools may assist human business processes but do not guarantee a particular outcome or business opportunity.Where required by applicable law, we will provide additional notice regarding automated processing that produces legal or similarly significant effects and will provide any applicable rights or procedures.3.16 Marketing and Relationship Communications
We may use contact information to:(a) respond to an inquiry;(b) follow up concerning a requested or reasonably related opportunity;(c) communicate with existing business contacts regarding an active or prior relationship;(d) provide Campaign, operational, administrative, contractual, payment, security, or legal notices;(e) provide information requested by the recipient;(f) invite a business contact to discuss a relevant opportunity; and(g) send promotional or informational business communications where permitted by applicable law.Submitting a general inquiry does not automatically subscribe an individual to an unrelated promotional mailing list.Where legally required or otherwise appropriate, promotional communications will:(a) identify the sender;(b) avoid materially misleading subject lines or sender information;(c) provide a clear method to unsubscribe or request that promotional communications stop; and(d) honor valid opt-out requests within the period required by applicable law.An individual who opts out of promotional communications may continue to receive communications that are reasonably necessary for:(a) an existing agreement;(b) an active Campaign;(c) payment or invoicing;(d) security;(e) legal compliance;(f) a pending transaction;(g) responding to a request initiated by the individual; or(h) another non-promotional business purpose.3.17 Corporate and Business Transactions
We may use, review, disclose, or transfer personal information where reasonably necessary in connection with an actual or proposed:(a) financing;(b) investment;(c) merger;(d) acquisition;(e) corporate reorganization;(f) joint venture;(g) sale of equity;(h) sale, assignment, transfer, or disposition of assets;(i) bankruptcy, insolvency, receivership, or similar proceeding;(j) insurance transaction;(k) due-diligence review; or(l) other corporate or business transaction.Personal information may be disclosed to potential or actual:(a) investors;(b) purchasers;(c) lenders;(d) insurers;(e) professional advisers;(f) Affiliates;(g) successors;(h) financing sources; or(i) other transaction participants,subject to reasonable confidentiality, security, and access restrictions where appropriate.Any successor or acquiring party may continue processing personal information subject to:(a) applicable law;(b) this Privacy Policy;(c) any applicable agreement; and(d) any additional notice provided in connection with the transaction.3.18 Combining Information
We may combine information collected directly from an individual with information:(a) collected automatically;(b) obtained from public sources;(c) received from authorized third parties;(d) generated internally; or(e) obtained through prior business interactions.Combined information may be used only for:(a) the purposes described in this Privacy Policy;(b) purposes reasonably compatible with the original context of collection;(c) purposes directed or authorized by the individual;(d) purposes required or permitted by applicable law; or(e) another purpose for which appropriate additional notice or permission is provided.We do not intend to combine information in a manner that materially changes the nature of the processing or creates an unexpected and unjustified privacy risk without taking any steps required by applicable law.3.19 Aggregated and Deidentified Information
We may aggregate, anonymize, or deidentify personal information where reasonably practicable and use the resulting information for:(a) business analysis;(b) Campaign planning;(c) trend analysis;(d) service improvement;(e) statistical reporting;(f) security and fraud prevention;(g) research concerning our own business operations;(h) internal benchmarking; and(i) other lawful business purposes.Where required by applicable law, we will take reasonable measures designed to prevent deidentified information from being associated with a particular individual or household and will not attempt to reidentify it except where legally permitted for testing, security, or verification purposes.We will treat information as personal information again if it is reidentified or reasonably linked to an identifiable individual or household.3.20 Sensitive Personal Information
Where we collect sensitive personal information through an authorized process, we may use it only for purposes reasonably necessary and proportionate to:(a) process payments or tax documentation;(b) verify identity or signing authority;(c) administer a legally authorized background, insurance, security, accessibility, travel, safety, or compliance requirement;(d) protect accounts, systems, transactions, or individuals;(e) comply with applicable law;(f) establish, exercise, or defend legal rights; or(g) perform another purpose specifically disclosed when the information is requested.We do not intend to use sensitive personal information to infer characteristics about an individual for unrelated advertising, profiling, or commercial purposes.3.21 Lawful Bases Where Required
Where applicable privacy law requires us to identify a lawful basis for processing personal information, we may rely on one or more of the following, depending on the circumstances:(a) Precontractual steps: processing requested by an individual before entering into a contract, such as reviewing an inquiry or preparing a proposal;(b) Contract: processing reasonably necessary to enter into, administer, or perform a contract with the individual;(c) Legitimate interests: processing reasonably necessary for legitimate business purposes, provided those interests are not overridden by the individual’s rights and interests;(d) Consent: processing based on the individual’s valid permission where consent is appropriate or legally required;(e) Legal obligation: processing reasonably necessary to comply with applicable legal requirements;(f) Legal claims: processing reasonably necessary to establish, exercise, or defend legal rights; and(g) Vital interests or other lawful grounds: processing under another legal basis available in limited circumstances.Our legitimate interests may include:(a) responding to business inquiries;(b) evaluating and administering commercial relationships;(c) operating and securing the Website and our systems;(d) preventing fraud and misuse;(e) maintaining business records;(f) communicating with business contacts;(g) improving our Services and operations; and(h) protecting our legal and contractual rights.Where we rely on consent, an individual may withdraw consent as permitted by applicable law. Withdrawal does not affect processing lawfully completed before the withdrawal and may not affect processing supported by another lawful basis.3.22 Other Uses With Notice or Permission
We may use personal information for another specifically disclosed purpose where:(a) the individual directs or authorizes the use;(b) the use is reasonably necessary to provide a requested Service or complete a requested transaction;(c) the use is reasonably compatible with the original purpose and context;(d) the use is required or permitted by applicable law; or(e) we provide additional notice and obtain permission where legally required.We will not use personal information for a materially different and incompatible purpose without providing any notice or obtaining any permission required by applicable law.3.23 No Guarantee of Business Opportunity
The collection, review, analysis, organization, or use of personal information does not require Provocative Media to:(a) accept an inquiry;(b) offer representation or Services;(c) introduce a Brand or Creator;(d) provide a sponsorship, referral, or partnership opportunity;(e) enter into an agreement;(f) proceed with a Campaign;(g) select a particular Creator, Brand, vendor, or partner;(h) disclose internal evaluations or business decisions; or(i) maintain any potential or existing relationship.Subject to applicable law and binding contractual obligations, Provocative Media may determine whether and how to pursue, prioritize, administer, pause, decline, suspend, or conclude a business opportunity or relationship.
4. HOW WE DISCLOSE PERSONAL INFORMATION
Provocative Media may disclose personal information to the categories of recipients described in this Article where reasonably necessary and proportionate for the purposes stated in this Privacy Policy.The categories and amount of information disclosed depend on:(a) the recipient’s role;(b) the purpose of the disclosure;(c) the nature and stage of the applicable inquiry or business relationship;(d) the sensitivity of the information;(e) applicable contracts and confidentiality obligations; and(f) applicable law.We do not disclose personal information merely because it is available to us.The examples below are illustrative. We do not necessarily disclose every category of personal information to every category of recipient.4.1 Disclosure Limitation
We seek to disclose only the personal information reasonably necessary for the applicable purpose.Where reasonably practicable, we may:(a) limit the categories of information disclosed;(b) redact unnecessary information;(c) use aggregated or deidentified information;(d) restrict access to authorized persons;(e) withhold direct contact information;(f) withhold confidential commercial information;(g) require confidentiality or contractual protections; or(h) use another reasonable method to reduce unnecessary disclosure.A disclosure described in this Privacy Policy does not necessarily constitute a “sale,” “sharing,” or disclosure for targeted advertising as those terms may be defined under applicable privacy laws.Those practices and any applicable opt-out rights are addressed separately in this Privacy Policy.4.2 Website Hosting and Infrastructure Providers
We may disclose or make personal information available to providers that host, operate, secure, maintain, deliver, or support the Website and its related infrastructure.These providers may include:(a) Carrd and other Website-building or hosting providers;(b) domain-name registrars;(c) Domain Name System providers;(d) content-delivery and network providers;(e) Website-security and abuse-prevention providers;(f) server, infrastructure, and technical-support providers; and(g) other providers reasonably necessary to keep the Website available, functional, and secure.Depending on the Website’s configuration, these providers may process:(a) Website-submission information;(b) Internet Protocol addresses;(c) device and browser information;(d) server and access logs;(e) timestamps;(f) cookie or session identifiers;(g) diagnostic and security information; and(h) other technical information generated through interaction with the Website.4.3 Form, Email, and Communications Providers
We may disclose or make personal information available to providers used to receive, transmit, route, organize, store, secure, or manage Website submissions and business communications.These providers may include:(a) Zoho and other email-hosting or communications providers;(b) Website form-processing providers;(c) spam-detection and abuse-prevention services;(d) business-messaging providers;(e) telephone providers;(f) video-conferencing providers;(g) scheduling and calendar providers;(h) notification and workflow providers; and(i) other communications services.These providers may process:(a) names;(b) email addresses;(c) telephone numbers;(d) inquiry contents;(e) correspondence;(f) attachments;(g) meeting and scheduling information;(h) form-submission records;(i) technical information; and(j) other information reasonably necessary to provide the applicable service.4.4 Cloud Storage and Business-Software Providers
We may disclose or make personal information available to providers used to support ordinary business administration and Campaign operations.These providers may include:(a) cloud-storage providers;(b) document-management systems;(c) customer-relationship-management systems;(d) project-management systems;(e) Campaign-management tools;(f) workflow and automation providers;(g) spreadsheet, database, and productivity providers;(h) backup and business-continuity providers;(i) reporting and analytics tools; and(j) other business-software providers.The information disclosed depends on the function performed and may include:(a) business-contact information;(b) communications;(c) Campaign records;(d) contracts and approvals;(e) submitted documents;(f) payment-status information;(g) Creator and Brand information;(h) reporting information; and(i) other information reasonably necessary for the applicable business function.4.5 Electronic-Signature and Document Providers
We may disclose or make personal information available to electronic-signature, contract-management, document-delivery, and related providers used to prepare, transmit, review, approve, sign, store, or administer business documents.These providers may process:(a) legal and business names;(b) email addresses;(c) titles and signing capacities;(d) signatures and initials;(e) contract contents;(f) document identifiers;(g) access and completion records;(h) signature dates and timestamps;(i) Internet Protocol addresses;(j) authentication information; and(k) other technical or audit information associated with document execution.4.6 Payment, Banking, Accounting, and Tax Providers
Where a commercial relationship is established, we may disclose personal information to providers used to invoice, receive payments, make payments, administer taxes, maintain financial records, or perform related services.These providers may include:(a) banks and financial institutions;(b) payment processors and electronic-payment platforms;(c) accounting and bookkeeping providers;(d) payroll or contractor-payment providers;(e) invoicing and billing systems;(f) tax-preparation and tax-reporting providers;(g) collection providers; and(h) other financial-administration providers.Depending on the applicable relationship, these recipients may process:(a) legal payee or billing names;(b) entity information;(c) billing and remittance addresses;(d) invoice information;(e) payment amounts and status;(f) bank or payment instructions;(g) taxpayer classification;(h) taxpayer identification information;(i) tax forms;(j) transaction identifiers; and(k) other information reasonably necessary to administer the applicable transaction.Provocative Media may receive only limited or masked information from these providers, such as a payment confirmation, transaction status, partial account number, or payment identifier.4.7 Analytics, Security, and Fraud-Prevention Providers
Where enabled, we may disclose or make technical and usage information available to providers that assist with:(a) Website analytics;(b) Website performance;(c) security monitoring;(d) spam detection;(e) bot prevention;(f) fraud prevention;(g) error detection;(h) traffic measurement; or(i) protection against malicious or unauthorized activity.These providers may process:(a) Internet Protocol addresses;(b) device and browser information;(c) cookie or session identifiers;(d) Website-interaction information;(e) referring pages or sources;(f) approximate location;(g) form-submission information;(h) security events; and(i) related technical information.Provocative Media does not currently represent that every type of analytics, advertising, tracking, or measurement technology described in this Privacy Policy is enabled.If we add a technology that materially changes our disclosure practices, we will update this Privacy Policy or provide another appropriate notice as required by applicable law.4.8 Service Providers Supporting Provocative Media
We may disclose personal information to service providers that perform operational, technical, administrative, security, professional, or business functions on our behalf.Where required or reasonably appropriate, we seek to:(a) disclose only information reasonably necessary for the assigned function;(b) restrict the provider’s use of personal information through contractual terms;(c) require appropriate confidentiality obligations;(d) require reasonable security protections;(e) limit retention or further disclosure; and(f) select providers appropriate for the nature of the information involved.A provider acting on our behalf may use personal information to perform the contracted service and for other limited operational, security, legal, or compliance purposes permitted by its agreement with Provocative Media and applicable law.4.9 Independent Processing by Third-Party Providers
Some providers may process certain information for their own independent purposes, such as:(a) maintaining and securing their services;(b) preventing fraud, spam, abuse, or unlawful activity;(c) complying with legal obligations;(d) processing payments;(e) maintaining transaction or audit records;(f) improving services where contractually and legally permitted; or(g) performing another purpose described in their privacy notice.Where a provider independently determines the purposes and means of processing, its independent practices may be governed by its own privacy notice and terms.This Privacy Policy describes Provocative Media’s practices and does not control the independent conduct of a third party that Provocative Media does not control.4.10 Contractors and Vendors Supporting Provocative Media
We may disclose personal information to contractors, consultants, freelancers, agencies, production providers, technical specialists, administrative personnel, and other vendors supporting Provocative Media.These recipients may assist with:(a) Website operation;(b) Campaign planning and administration;(c) Creator identification or research;(d) Brand and market research;(e) Campaign communications;(f) preparation and administration of documents;(g) Deliverable coordination;(h) reporting and analytics;(i) accounting and payment administration;(j) technical support;(k) information security;(l) design, editing, or production services;(m) events or travel; and(n) other legitimate business operations.The information disclosed depends on the recipient’s assigned role and may include:(a) business-contact information;(b) Campaign information;(c) communications;(d) submitted materials;(e) public-profile information;(f) Creator or Brand requirements;(g) scheduling information; and(h) other information reasonably necessary to perform the assigned work.Contractors and vendors do not receive authority to use personal information for unrelated purposes merely because they receive access while performing services for Provocative Media.4.11 Attorneys, Accountants, Insurers, and Professional Advisers
We may disclose personal information to professional advisers, including:(a) attorneys and legal-service providers;(b) accountants and bookkeepers;(c) tax professionals;(d) auditors;(e) insurers and insurance brokers;(f) claims administrators;(g) compliance and privacy advisers;(h) cybersecurity and forensic specialists;(i) financial advisers;(j) business consultants; and(k) other professional advisers.These disclosures may be made to:(a) obtain professional advice;(b) prepare, review, interpret, or enforce agreements;(c) maintain business and financial records;(d) complete accounting and tax functions;(e) obtain or administer insurance;(f) investigate claims or incidents;(g) manage complaints or disputes;(h) comply with applicable law; or(i) protect legal, contractual, financial, and business interests.4.12 Potential and Participating Brands
We may disclose information concerning a Creator, show, podcast, newsletter, publication, media property, or other potential Campaign participant to a potential or participating Brand where reasonably necessary to:(a) evaluate a possible sponsorship or partnership;(b) determine whether the Creator or media property may be suitable for the Brand;(c) present or develop a proposed Campaign package;(d) evaluate audience, content, Platform, category, geographic, scheduling, compliance, or brand-safety considerations;(e) negotiate or administer Campaign terms;(f) coordinate Deliverables, approvals, usage rights, reporting, or Campaign performance; or(g) perform obligations under an applicable agreement.Information disclosed to a Brand may include:(a) Creator, show, podcast, newsletter, publication, channel, or media-brand name;(b) public-profile, channel, publication, or Website links;(c) content categories and Platforms;(d) audience size and relevant performance information;(e) publicly available content and business information;(f) general availability;(g) proposed Deliverables;(h) Campaign qualifications or considerations;(i) relevant conflict or compliance information; and(j) other information reasonably necessary to evaluate or administer the opportunity.Unless authorized, reasonably necessary for the Campaign, or required by applicable law, we generally do not disclose to a Brand:(a) a Creator’s personal address;(b) personal telephone number;(c) personal email address;(d) taxpayer identification information;(e) banking or payment credentials;(f) account passwords;(g) unrelated private communications;(h) Creator compensation;(i) Creator agreements;(j) Provocative Media’s internal allocations, pricing methodology, margins, or markups; or(k) other confidential information unrelated to the Brand’s Campaign requirements.Provocative Media may route communications between Brands and Creators without providing direct personal contact information.4.13 Potential and Participating Creators
We may disclose information concerning a Brand or Campaign opportunity to a potential or participating Creator where reasonably necessary to:(a) evaluate Creator interest, availability, suitability, or conflicts;(b) communicate the nature of a potential sponsorship opportunity;(c) provide Campaign requirements and instructions;(d) negotiate or administer a Creator Campaign Addendum or Creator Campaign Amendment;(e) coordinate Deliverables, submissions, revisions, publication, usage rights, paid media, whitelisting, exclusivity, or reporting;(f) address legal, safety, Platform, disclosure, or compliance requirements; or(g) perform obligations under an applicable agreement.Depending on the stage and sensitivity of the opportunity, information disclosed to a Creator may include:(a) the Brand’s legal or commercial identity;(b) the Brand’s industry or product category;(c) Campaign objectives;(d) the products, services, offers, or initiatives being promoted;(e) proposed Deliverables;(f) Campaign dates and deadlines;(g) approved talking points and required disclosures;(h) usage-rights requirements;(i) paid-media or whitelisting requirements;(j) exclusivity requirements;(k) Creator compensation and payment terms; and(l) other information reasonably necessary for the Creator to evaluate or perform the opportunity.During preliminary evaluation, Provocative Media may limit or temporarily withhold:(a) the Brand’s identity;(b) confidential Campaign details;(c) direct Brand contact information;(d) the Brand’s Total Campaign Price;(e) Provocative Media’s pricing, margins, or internal allocations; and(f) other information not reasonably necessary at that stage.We may do so to:(a) comply with confidentiality obligations;(b) protect the opportunity;(c) prevent circumvention;(d) limit unnecessary disclosure; or(e) conduct preliminary availability or conflict review.Provocative Media does not disclose to Creators the Brand’s Total Campaign Price, Provocative Media’s margins, internal allocations, or other confidential commercial terms unless authorized or legally required.
4.14 Other Business Counterparties
We may disclose personal information to potential or existing:(a) referral partners;(b) agencies;(c) media buyers;(d) production companies;(e) event organizers;(f) venues;(g) retailers;(h) distributors;(i) licensors and rights holders;(j) sponsors;(k) business partners;(l) Campaign vendors; or(m) other commercial counterpartieswhere reasonably necessary to evaluate, negotiate, coordinate, document, perform, secure, or administer a legitimate business opportunity.The information disclosed may include:(a) business-contact information;(b) Campaign instructions;(c) scheduling information;(d) applicable products or Services;(e) professional qualifications;(f) participation requirements;(g) permissions and approvals;(h) transaction or payment-status information; and(i) other information reasonably necessary for the recipient’s role.We may limit or withhold identities, direct contact information, pricing, compensation, contractual terms, trade secrets, or other confidential commercial information during preliminary discussions or where the recipient does not have a legitimate need to know.4.15 Representatives, Team Members, and Authorized Contacts
Where an individual acts on behalf of a Brand, Creator, vendor, agency, company, or other organization, we may disclose that individual’s business-contact information and relationship-related communications to other authorized representatives of the same organization where reasonably necessary to administer the relationship.We may also communicate with a Creator’s:(a) manager;(b) attorney;(c) accountant;(d) agent;(e) producer;(f) parent;(g) legal guardian; or(h) other authorized representativewhere reasonably necessary and appropriately authorized.We may request reasonable evidence that a person is authorized to receive information or act for another individual or organization.4.16 Sensitive Personal Information
We do not intend to disclose sensitive personal information except where reasonably necessary and legally permitted for the purpose for which it was collected.Sensitive personal information may be disclosed to:(a) payment, banking, accounting, payroll, or tax providers;(b) identity-verification or electronic-signature providers;(c) attorneys, accountants, insurers, or other professional advisers;(d) security, fraud-prevention, or forensic providers;(e) governmental or legal authorities;(f) a parent, legal guardian, or authorized representative;(g) another recipient directed or authorized by the individual; or(h) another recipient where disclosure is required or permitted by applicable law.We do not disclose Social Security numbers, taxpayer identification numbers, complete financial-account information, passwords, authentication credentials, medical information, precise geolocation, biometric identifiers, or similarly sensitive information to Brands, Creators, referral partners, or unrelated business counterparties merely for Campaign evaluation or ordinary business development.4.17 Legal Process and Government Authorities
We may preserve, use, or disclose personal information to courts, regulators, law-enforcement agencies, tax authorities, government agencies, or other legally authorized recipients where we reasonably believe the disclosure is necessary or appropriate to:(a) comply with applicable law or regulation;(b) respond to a subpoena, warrant, court order, summons, or other legal process;(c) cooperate with a lawful investigation;(d) satisfy tax, corporate, accounting, reporting, or regulatory obligations;(e) respond to a legally valid privacy request;(f) report or investigate suspected fraud, abuse, threats, or unlawful conduct;(g) protect the rights, property, safety, or security of Provocative Media or others;(h) establish, exercise, preserve, or defend legal claims; or(i) enforce an agreement or legal right.Where legally permitted and reasonably practicable, we may:(a) review the request;(b) seek clarification;(c) verify the requesting authority;(d) object to or challenge the request;(e) seek to narrow an overbroad request;(f) request confidential or protective treatment; or(g) notify an affected individual where appropriate and lawful.Nothing in this Section requires Provocative Media to challenge a request or notify an individual where doing so would be unlawful, prohibited, impracticable, or inconsistent with a legitimate legal or security interest.4.18 Fraud Prevention, Security, and Protection of Rights
We may disclose personal information to service providers, hosting providers, security specialists, forensic investigators, professional advisers, insurers, affected organizations or individuals, law-enforcement agencies, or other appropriate recipients where reasonably necessary to:(a) detect or prevent fraud, spam, impersonation, circumvention, or misuse;(b) authenticate a communication or transaction;(c) investigate suspicious or unauthorized activity;(d) respond to an actual or suspected security incident;(e) contain, remediate, or document an incident;(f) provide legally required notifications;(g) prevent or reduce harm;(h) recover property, funds, accounts, or information;(i) protect Confidential Information or intellectual property;(j) prevent unauthorized use of Campaign Content or Creator identity;(k) collect amounts owed; or(l) protect or enforce legal and contractual rights.Any disclosure under this Section should be limited to information reasonably relevant to the applicable security, fraud, legal, or protective purpose.4.19 Corporate and Business Transactions
Personal information may be reviewed, disclosed, transferred, or otherwise processed in connection with an actual or proposed:(a) financing;(b) investment;(c) merger;(d) acquisition;(e) joint venture;(f) corporate restructuring or reorganization;(g) sale of equity;(h) sale, assignment, transfer, or disposition of assets;(i) bankruptcy, insolvency, receivership, or similar proceeding;(j) insurance or risk-management transaction;(k) due-diligence review; or(l) other corporate or business transaction.Recipients may include potential or actual:(a) investors;(b) purchasers;(c) lenders;(d) insurers;(e) Affiliates;(f) successors;(g) professional advisers;(h) financing sources;(i) due-diligence providers; and(j) other transaction participants.Where reasonably appropriate, information may be disclosed subject to:(a) confidentiality obligations;(b) access restrictions;(c) security requirements;(d) data-room controls;(e) redaction or aggregation; or(f) other reasonable safeguards.A successor or acquiring entity may continue to process personal information subject to:(a) applicable law;(b) this Privacy Policy;(c) applicable agreements; and(d) any additional notice provided in connection with the transaction.4.20 Disclosures Authorized or Directed by the Individual
We may disclose personal information to another recipient where the individual:(a) requests or directs the disclosure;(b) expressly authorizes the disclosure;(c) asks us to coordinate with another person or organization;(d) designates an authorized representative;(e) includes another person in a communication;(f) provides another person’s contact information for a legitimate business purpose;(g) uses a third-party integration or service that requires the disclosure; or(h) otherwise consents to or reasonably expects the disclosure from the context of the interaction.The scope of the disclosure will generally be limited to what the individual requested, authorized, or could reasonably expect.An individual’s direction or authorization does not require Provocative Media to disclose information where the disclosure would:(a) violate applicable law;(b) violate another person’s rights;(c) breach a confidentiality obligation;(d) expose trade secrets or internal commercial information;(e) create a material security risk; or(f) exceed the individual’s authority.4.21 Aggregated and Deidentified Information
We may create, use, and disclose aggregated, statistical, anonymized, or deidentified information that cannot reasonably be associated with an identifiable individual or household.Such information may be disclosed for:(a) business analysis;(b) Campaign evaluation;(c) internal or external statistical reporting;(d) Website and service improvement;(e) market, audience, and industry analysis;(f) fraud prevention and security;(g) business planning; and(h) other lawful purposes.Where required by applicable law, we will:(a) take reasonable measures designed to prevent deidentified information from being associated with a particular individual or household;(b) publicly commit to maintain and use the information in deidentified form; and(c) not attempt to reidentify it except where legally permitted for testing, security, verification, or compliance purposes.Information will again be treated as personal information if it is reidentified or reasonably linked to an identifiable individual or household.4.22 No Obligation to Make a Business Disclosure
Except where required by applicable law, a binding agreement, or a valid privacy-rights request, nothing in this Privacy Policy requires Provocative Media to disclose personal information to a Brand, Creator, vendor, referral partner, business contact, or other person merely because that person requests it.Provocative Media may decline, limit, condition, redact, or delay a business disclosure where reasonably necessary to:(a) protect an individual’s privacy;(b) verify the requester’s identity or authority;(c) comply with confidentiality obligations;(d) protect a business opportunity;(e) prevent circumvention;(f) protect trade secrets, pricing, margins, or internal allocations;(g) comply with an agreement;(h) prevent fraud or misuse;(i) protect another individual’s rights; or(j) comply with applicable law.This Section does not limit an individual’s right to receive information where disclosure is required under applicable privacy law.4.23 Sale, Sharing, and Targeted Advertising
This Article describes disclosures of personal information generally.A disclosure to a service provider, contractor, payment processor, Brand, Creator, business counterparty, or other recipient does not automatically constitute a “sale,” “sharing,” or disclosure for targeted advertising under applicable law.Whether a particular disclosure falls within one of those definitions depends on:(a) applicable law;(b) the recipient’s contractual role;(c) the purposes for which the recipient processes the information;(d) whether the recipient receives monetary or other valuable consideration;(e) whether the information is used for cross-context behavioral or targeted advertising; and(f) any applicable statutory exception.Our practices concerning the sale or sharing of personal information, targeted advertising, advertising technologies, and legally required opt-out mechanisms are described separately in this Privacy Policy.Before publishing a statement that Provocative Media does not sell or share personal information, the Website’s active scripts, cookies, embedded services, analytics providers, and advertising technologies must be reviewed to confirm that the statement accurately reflects actual practices.4.24 Additional Disclosures With Notice or Permission
We may disclose personal information to another category of recipient where:(a) the disclosure is reasonably necessary to provide a requested service or complete a requested transaction;(b) the disclosure is reasonably compatible with the purposes described in this Privacy Policy;(c) the disclosure is required or permitted by applicable law;(d) the individual authorizes or directs the disclosure; or(e) we provide additional notice and obtain permission where legally required.We will not materially expand our disclosure practices in a manner inconsistent with the context in which personal information was collected without providing any notice or obtaining any permission required by applicable law.We will not apply a materially broader disclosure practice retroactively to personal information collected under a more restrictive privacy representation unless we provide appropriate notice or obtain consent where required by applicable law.
5. SALE, SHARING, AND TARGETED ADVERTISING
5.1 Meaning of Relevant Terms
For purposes of this Article:(a) “sale,” “sell,” or similar terms refer to a disclosure or transfer of personal information for monetary or other consideration where the applicable privacy law treats the disclosure or transfer as a sale;(b) “sharing” refers to disclosure of personal information for cross-context behavioral advertising where that term is used under applicable law;(c) “targeted advertising” generally refers to displaying advertising to an individual based on personal information obtained from the individual’s activities over time and across nonaffiliated websites, applications, or services, where applicable law uses that definition; and(d) “profiling” refers to automated processing used to evaluate, analyze, or predict aspects concerning an individual where applicable law treats that activity as profiling.These terms may have different meanings, exclusions, and thresholds under different privacy laws.A disclosure described in Article 4 does not automatically constitute a sale, sharing, targeted-advertising disclosure, or other regulated activity. The legal classification of a disclosure depends on the applicable law, the recipient’s role, the governing contract, the purpose of the disclosure, and how the recipient may use the information.5.2 Current Sale, Sharing, and Targeted-Advertising Practices
As of the Effective Date of this Privacy Policy, Provocative Media does not:(a) sell personal information for monetary consideration;(b) sell personal information for other valuable consideration where the applicable law treats the disclosure as a sale;(c) share personal information for cross-context behavioral advertising;(d) process personal information for targeted advertising based on an individual’s activities across unrelated websites, applications, or services; or(e) knowingly permit another person to use Website inquiry information to create advertising profiles for unrelated third parties.During the twelve months preceding the Effective Date of this Privacy Policy, Provocative Media has not knowingly sold personal information or shared personal information for cross-context behavioral advertising.These statements describe Provocative Media’s current Website configuration and business practices.5.3 No Data Monetization or List Sales
Provocative Media does not currently:(a) rent personal information;(b) sell or rent contact lists;(c) license personal information to data brokers;(d) operate as a data broker;(e) exchange Website inquiry information for money, discounts, advertising services, or other commercial benefits;(f) provide personal information to third parties for inclusion in their independent direct-marketing databases;(g) disclose personal information in exchange for unrelated advertising benefits;(h) sell audience lists derived from Website visitors or inquiry submissions; or(i) use Website inquiry information to build advertising profiles for unrelated third parties.Nothing in this Section prevents Provocative Media from using or disclosing information as reasonably necessary to respond to an inquiry, evaluate a requested business relationship, administer a Campaign, perform an agreement, process a transaction, or conduct another activity described in this Privacy Policy.5.4 No Advertising Pixels or Retargeting Technologies
Provocative Media does not currently deploy through the Website:(a) advertising pixels;(b) cross-site audience-retargeting tools;(c) real-time advertising-bidding technologies;(d) behavioral advertising networks;(e) advertising-cookie synchronization tools;(f) social-media advertising conversion pixels; or(g) similar technologies for tracking visitors across unrelated websites, applications, or services for targeted or cross-context behavioral advertising.Provocative Media does not currently provide Website visitor information to social-media platforms, advertising networks, or data brokers for their cross-context behavioral advertising.This Section does not include technical information processed by Website-hosting, infrastructure, communications, form-processing, security, fraud-prevention, or other service providers for the operational purposes described in this Privacy Policy.The Website may contain ordinary links to third-party websites or social-media profiles. When an individual follows an external link, the third party may independently collect information according to its own privacy notice and technical practices.5.5 Operational and Business Disclosures
The statements in this Article do not mean that Provocative Media never discloses personal information.We may disclose personal information for the operational, professional, legal, transactional, and business purposes described in Article 4, including to:(a) Website-hosting and infrastructure providers;(b) form, email, and communications providers;(c) cloud-storage and business-software providers;(d) electronic-signature and document providers;(e) payment, banking, accounting, and tax providers;(f) security and fraud-prevention providers;(g) contractors and vendors supporting Provocative Media;(h) attorneys, accountants, insurers, and professional advisers;(i) potential or participating Brands and Creators;(j) other authorized business counterparties;(k) legal and governmental authorities;(l) parties involved in a corporate transaction; and(m) recipients authorized or directed by the individual.These disclosures may be made to:(a) operate and secure the Website;(b) respond to an inquiry;(c) evaluate a requested opportunity;(d) prepare or perform an agreement;(e) administer a Campaign or business relationship;(f) process a payment;(g) comply with applicable law;(h) prevent fraud or misuse;(i) protect legal rights; or(j) perform another purpose described in this Privacy Policy.Where a provider processes personal information on behalf of Provocative Media under an applicable service-provider, processor, contractor, or similar arrangement, the disclosure will not be characterized as a sale or sharing unless applicable law requires that classification.5.6 Creator, Brand, Vendor, and Partnership Inquiry Information
Provocative Media does not sell personal information submitted through Creator, Brand, vendor, partnership, referral, general-contact, or other Website inquiry forms.Information submitted through an inquiry may be used or disclosed as reasonably necessary to:(a) receive and respond to the inquiry;(b) evaluate the proposed relationship;(c) verify submitted information;(d) determine whether an opportunity appears suitable;(e) identify or evaluate possible Brand and Creator matches;(f) prepare proposals, Campaign packages, or agreements;(g) communicate with appropriate potential participants;(h) administer a Campaign or business relationship;(i) prevent fraud, spam, impersonation, or circumvention; and(j) perform the other purposes described in this Privacy Policy.Submitting an inquiry does not authorize Provocative Media to:(a) sell the submitted information;(b) rent the submitted information;(c) place the submitted information into an unrelated third-party marketing database; or(d) use the submitted information for unrelated cross-context behavioral advertising.Submitting information concerning a Creator or Brand may, however, result in limited business disclosure to a potential Brand, Creator, or other appropriate counterparty as described in Article 4.5.7 Personal Information Concerning Minors
Provocative Media does not knowingly sell personal information concerning minors or share such information for cross-context behavioral advertising.Provocative Media does not knowingly process personal information concerning minors for targeted advertising based on their activities across unrelated websites, applications, or services.If Provocative Media later proposes a practice requiring parental, guardian, or minor consent under applicable law, that practice will not begin unless the required notice, authorization, consent, and other protections have been implemented.Nothing in this Section prevents Provocative Media from processing limited information concerning a minor Creator, participant, or guest through an authorized parent, guardian, representative, or other lawful process for a legitimate Campaign or business purpose.5.8 Profiling and Significant Automated Decisions
Provocative Media may use ordinary business software to organize inquiries, manage Campaigns, identify possible Brand-Creator matches, detect incomplete or suspicious submissions, and support internal evaluation as described in Section 3.15.Provocative Media does not currently process personal information for profiling in furtherance of fully automated decisions that produce legal or similarly significant effects concerning an individual.In particular, Provocative Media does not currently use Website visitor or inquiry information through a fully automated process to make decisions concerning:(a) employment;(b) housing;(c) credit;(d) insurance eligibility;(e) access to essential goods or services;(f) healthcare;(g) education enrollment; or(h) another similarly significant matter.Human personnel may use software-assisted information when evaluating potential business relationships, Campaign participation, or commercial opportunities.If Provocative Media later engages in regulated profiling or automated decision-making, we will provide any notice, opt-out right, access right, risk assessment, explanation, or other procedure required by applicable law.5.9 Legal Opt-Out Rights
Depending on:(a) the individual’s jurisdiction;(b) the nature of the personal information;(c) the applicable processing activity;(d) whether Provocative Media satisfies the relevant legal thresholds; and(e) any applicable exemption,an individual may have the right to opt out of:(a) the sale of personal information or personal data;(b) sharing for cross-context behavioral advertising;(c) processing for targeted advertising; or(d) certain profiling activities producing legal or similarly significant effects.Because Provocative Media does not currently engage in those activities, there is currently no active sale, sharing, targeted-advertising, or qualifying profiling practice from which an individual needs to opt out.Provocative Media therefore does not currently maintain a separate “Do Not Sell or Share My Personal Information” or “Your Privacy Choices” link.An individual may nevertheless submit a question or request using the method stated in the Privacy Rights or Contact section of this Privacy Policy.Where no applicable sale, sharing, targeted-advertising, or qualifying profiling activity exists, Provocative Media may respond by confirming that the requested opt-out activity is not currently conducted.If applicable law requires an opt-out request to be honored without identity verification, Provocative Media will not require identity verification.We may request only the limited information reasonably necessary to:(a) understand the request;(b) identify the relevant information or browser, device, account, or relationship where necessary;(c) prevent fraudulent requests; and(d) document our response.An individual is not required to create an account to submit an opt-out request.Verification procedures for access, deletion, correction, or similar requests may differ and are addressed in the Privacy Rights section of this Privacy Policy.5.10 Universal Opt-Out Preference Signals
Some privacy laws require covered businesses engaging in specified practices to recognize qualifying browser-based or device-based universal opt-out mechanisms.Global Privacy Control is an example of an opt-out preference signal that may communicate a request to opt out of sale, sharing, or targeted advertising.Provocative Media will recognize and process a legally valid universal opt-out preference signal where:(a) the applicable law applies to Provocative Media;(b) the signal satisfies the requirements of that law;(c) the signal is received through a Website, browser, device, or technology subject to that law; and(d) Provocative Media engages in a sale, sharing, targeted-advertising, or other processing practice to which the signal applies.Because Provocative Media does not currently sell personal information, share it for cross-context behavioral advertising, or process it for targeted advertising, receipt of such a signal does not ordinarily change the current Website experience or processing practices.If the signal can reasonably be associated only with a particular browser or device, any applicable preference may be limited to that browser or device unless the individual provides additional information or the signal can lawfully and reasonably be associated with a broader record.Provocative Media will not use information supplied solely to process an opt-out preference for an unrelated purpose.5.11 Authorized Agents
Where applicable law permits an authorized agent to submit an opt-out or other privacy request, Provocative Media may require reasonable evidence that:(a) the individual authorized the agent to act;(b) the agent is who the agent claims to be; and(c) the requested action falls within the agent’s authority.Depending on the request and applicable law, such evidence may include:(a) signed written authorization;(b) a valid power of attorney;(c) direct confirmation from the individual where legally permitted; or(d) other reasonable evidence allowed by applicable law.Provocative Media will not require identity verification, direct confirmation, notarization, or other documentation where the applicable law prohibits that requirement.Provocative Media may deny or limit an agent request where:(a) sufficient authorization is not provided;(b) the request exceeds the agent’s authority;(c) the request appears fraudulent;(d) compliance would violate another person’s rights; or(e) another legally permitted basis applies.5.12 No Financial Incentive for Sale or Sharing
Provocative Media does not currently offer:(a) payments;(b) discounts;(c) rewards;(d) premium Website features;(e) different Website access;(f) loyalty benefits; or(g) other financial incentivesin exchange for permission to sell or share personal information.Provocative Media does not currently impose a price or service difference because an individual permits or refuses a sale, sharing, or targeted-advertising use of personal information.If Provocative Media later offers a financial incentive or price or service difference involving personal information, we will provide any notice, valuation explanation, opt-in consent process, withdrawal method, and other procedure required by applicable law before the program begins.5.13 No Unlawful Discrimination
Provocative Media will not unlawfully discriminate or retaliate against an individual for exercising a privacy right provided by applicable law.Subject to applicable law, exercising a privacy right will not result in:(a) denial of a Service solely because the right was exercised;(b) a different Campaign price, Creator compensation amount, or service rate solely because the right was exercised;(c) a lower quality or level of Service solely because the right was exercised;(d) retaliation for submitting a good-faith privacy request; or(e) an unlawful adverse business decision.This Section does not require Provocative Media to:(a) retain information that may lawfully be deleted;(b) continue a processing activity that the individual has validly restricted;(c) provide a Service that cannot reasonably or lawfully be performed without the information;(d) ignore a valid contractual obligation;(e) disclose information that must remain confidential; or(f) offer a business relationship where Provocative Media has an independent lawful reason not to do so.A lawful difference reasonably related to the value of personal information or permitted by applicable law will be handled in accordance with any applicable notice and consent requirements.
5.14 Changes to Advertising or Data-Monetization Practices
If Provocative Media later proposes to use:(a) advertising pixels;(b) cross-site tracking technologies;(c) audience-retargeting tools;(d) behavioral advertising networks;(e) programmatic advertising systems;(f) data-list rental or licensing;(g) data-broker services;(h) third-party advertising-profile services;(i) regulated profiling; or(j) another practice that may constitute sale, sharing, targeted advertising, or qualifying profiling,Provocative Media will, where required:(a) evaluate the legal classification of the proposed practice;(b) review the recipient’s role and contractual terms;(c) update this Privacy Policy or provide another appropriate notice;(d) implement required consent or opt-out controls;(e) implement recognition of applicable universal opt-out signals;(f) add a “Do Not Sell or Share,” “Your Privacy Choices,” or similar mechanism where required;(g) enter into appropriate service-provider, processor, contractor, or third-party terms;(h) address personal information concerning minors;(i) conduct any required assessment; and(j) implement other legally required procedures.Any required notice or control will be implemented before or when the materially different practice begins, rather than only after the information has already been processed under the new practice.Where required by applicable law, personal information collected under an earlier, more restrictive privacy representation will not be used or disclosed for a materially different and incompatible purpose without appropriate notice or consent.5.15 Application of Privacy Laws
Not every privacy law applies to every:(a) business;(b) individual;(c) jurisdiction;(d) interaction;(e) category of information; or(f) processing activity.Privacy laws may apply only when specified revenue, data-volume, business-practice, geographic, or other thresholds are satisfied.Applicable law may also contain exclusions or exemptions for:(a) business-to-business information;(b) employee or applicant information;(c) public information;(d) deidentified information;(e) information governed by another law;(f) processing performed by a service provider or processor; or(g) another legally excluded category or activity.Nothing in this Privacy Policy represents that Provocative Media is subject to every federal, state, local, or international privacy law.Where an applicable law grants an individual a right concerning sale, sharing, targeted advertising, profiling, or universal opt-out signals, Provocative Media will evaluate and process the request as required by that law.If this Article conflicts with a nonwaivable requirement of applicable law, the applicable law controls.
6. COOKIES AND SIMILAR TECHNOLOGIES
6.1 Scope of This Article
Provocative Media and the providers that host, operate, secure, maintain, or support the Website may use cookies and other storage, access, logging, or tracking technologies in connection with the Website.A “cookie” is a small data file that a website or service may place on or access through a visitor’s browser or device.Other technologies may include:(a) browser or web storage;(b) local storage;(c) session storage;(d) pixels or web beacons;(e) tags;(f) scripts;(g) server and access logs;(h) session identifiers;(i) device or browser identifiers;(j) link parameters or link-decoration technologies;(k) embedded-content technologies;(l) fraud-prevention or security technologies; and(m) other technologies used to store or access information, operate the Website, process forms, maintain security, measure activity, or provide Website functionality.Not every technology described in this Article is necessarily used or enabled on the Website.The technologies actually used depend on:(a) the Website’s current configuration;(b) the Carrd features enabled;(c) the forms and integrations connected to the Website;(d) the visitor’s browser and device settings;(e) the visitor’s geographic location;(f) the service providers involved; and(g) applicable law.Server logs and similar technical records may collect information without placing a file on the visitor’s device.6.2 Categories of Technologies
Depending on the Website’s configuration, cookies and similar technologies may fall within one or more of the following categories.Strictly Necessary TechnologiesStrictly necessary technologies are essential to provide a Website feature or service requested by the visitor or to perform another function that applicable law permits without prior consent.These technologies may be used to:(a) deliver Website pages and content;(b) transmit communications over a network;(c) process and route a form submission requested by the visitor;(d) maintain essential Website functionality;(e) maintain load balancing or network operation;(f) protect the Website, forms, and systems against fraud, spam, abuse, malicious activity, and security threats;(g) remember a privacy preference where necessary to honor that preference;(h) diagnose or prevent critical technical failures; and(i) perform another essential function permitted by applicable law.A technology is not treated as strictly necessary merely because it is convenient, helpful, financially beneficial, or useful for understanding Website performance.Where applicable law defines “strictly necessary,” “essential,” or a similar exemption more narrowly, that legal standard controls.Functional and Preference TechnologiesFunctional or preference technologies may support enhanced Website functions or remember optional choices, such as:(a) language or regional preferences;(b) display preferences;(c) form settings;(d) accessibility settings;(e) media-player preferences; or(f) other optional Website features.Where required by applicable law, functional or preference technologies that are not strictly necessary will not be activated before the required consent or choice is obtained.Analytics and Measurement TechnologiesAnalytics or measurement technologies may be used to understand matters such as:(a) the number of Website visits;(b) the pages or sections viewed;(c) referring sources;(d) general navigation patterns;(e) form interactions;(f) Website performance;(g) errors and technical problems; and(h) general effectiveness of Website content or structure.Provocative Media does not currently represent that a separate analytics platform is enabled merely because analytics technologies are described in this Privacy Policy.Where applicable law requires consent, an objection mechanism, or another control for analytics or measurement technologies, Provocative Media will implement the applicable requirement before or when those technologies are used.Advertising and Targeting TechnologiesAdvertising or targeting technologies may be used to:(a) deliver advertisements;(b) measure advertising conversions;(c) create advertising audiences;(d) retarget Website visitors;(e) track activity across websites or services; or(f) support cross-context behavioral or targeted advertising.Provocative Media does not currently intentionally use these technologies through the Website.Any future use will be governed by Article 5 and the additional notice, consent, opt-out, and preference-signal requirements described in this Article.Embedded-Content TechnologiesThird-party content or functionality embedded in the Website may use cookies or similar technologies.Examples may include:(a) embedded videos;(b) audio or podcast players;(c) maps;(d) scheduling tools;(e) social-media content;(f) payment tools;(g) chat or messaging functions;(h) electronic-signature tools; and(i) other external widgets or integrations.An embedded provider may collect information when the embedded content loads, when the visitor interacts with it, or both.Where legally required and technically practicable, nonessential embedded technologies will be blocked, delayed, or otherwise controlled until the visitor makes the required choice.6.3 Current Website Configuration
As of the Effective Date of this Privacy Policy, Provocative Media does not intentionally deploy through the Website:(a) advertising pixels;(b) behavioral advertising cookies;(c) audience-retargeting technologies;(d) cross-site advertising trackers;(e) advertising-cookie synchronization;(f) programmatic advertising technologies; or(g) other technologies intended to create advertising profiles based on activity across unrelated websites, applications, or services.Provocative Media does not currently use Website cookies or similar technologies to sell personal information, share personal information for cross-context behavioral advertising, or process personal information for targeted advertising.The Website may nevertheless involve essential or operational technologies used by Carrd and other providers to host, deliver, secure, maintain, or support the Website and its forms.Provocative Media may not receive, store, or have direct access to every technical record generated by those providers.This Section must be reviewed against the Website’s actual cookies, scripts, source code, embeds, forms, and network activity before the Privacy Policy is published and whenever the Website is materially changed.6.4 Technical and Usage Information
Through cookies, server logs, and similar technologies, Provocative Media and its providers may collect or generate information such as:(a) Internet Protocol address;(b) browser type, version, and settings;(c) device type and characteristics;(d) operating system;(e) language and regional settings;(f) referring website, page, search engine, or source;(g) pages, sections, links, forms, or buttons accessed or selected;(h) dates and times of access;(i) time, frequency, or duration of interactions;(j) navigation paths;(k) approximate geographic location derived from an Internet Protocol address;(l) cookie, session, or similar identifiers;(m) form-submission timestamps;(n) delivery or transmission status;(o) diagnostic and error information;(p) security events;(q) suspected bot, fraud, spam, or abuse information; and(r) other technical information generated through interaction with the Website.Provocative Media may receive only a portion of the information collected or generated by its providers.A provider may independently retain or process additional information according to:(a) the provider’s role;(b) its contract with Provocative Media;(c) its privacy notice;(d) its security and operational requirements; and(e) applicable law.6.5 Purposes for Using These Technologies
Subject to the limitations in this Privacy Policy, cookies and similar technologies may be used to:(a) operate and deliver the Website;(b) process requested Website functions;(c) transmit and route form submissions;(d) maintain availability and performance;(e) preserve privacy or technical preferences;(f) prevent fraud, spam, abuse, and malicious activity;(g) protect Website and system security;(h) diagnose and correct technical errors;(i) understand Website use where legally permitted;(j) evaluate Website content, structure, usability, and accessibility;(k) maintain records of consent or preferences;(l) comply with applicable law; and(m) perform another purpose disclosed at or before the applicable technology is used.A technology will not be used for a materially different and incompatible purpose merely because it is technically capable of performing that purpose.6.6 Consent and Preference Mechanisms
Where required by applicable law, the Website may display a:(a) cookie banner;(b) consent-management platform;(c) privacy preference center;(d) category-selection tool;(e) notice associated with embedded content; or(f) similar mechanism.Depending on the technologies in use and applicable law, the mechanism may allow a visitor to:(a) accept permitted technologies;(b) reject nonessential technologies;(c) select particular categories;(d) review the categories and purposes of the technologies used;(e) review relevant providers;(f) save a preference;(g) change a prior preference; or(h) withdraw consent.Where affirmative consent is legally required:(a) nonessential technologies will not intentionally be activated before valid consent is obtained;(b) continued browsing, scrolling, silence, or inactivity will not by itself be treated as consent;(c) consent will not be inferred from a preselected option;(d) rejecting nonessential technologies will be made reasonably accessible;(e) consent will be requested through a clear affirmative action; and(f) withdrawal will be permitted as required by applicable law.Strictly necessary technologies may remain active where they are essential to provide a visitor-requested function, maintain security, transmit communications, remember privacy choices, or perform another legally exempt purpose.A description of cookies in this Privacy Policy does not replace a separate consent or preference mechanism where one is legally required.6.7 Records of Consent and Preferences
Where a consent or preference mechanism is used, Provocative Media or its provider may store information reasonably necessary to:(a) remember the visitor’s preference;(b) avoid repeatedly requesting the same choice;(c) demonstrate that a legally required choice was obtained;(d) identify the version of the notice presented;(e) record the date and time of the preference;(f) apply the preference to the applicable browser or device; and(g) comply with legal obligations.A consent or preference record may include:(a) a consent identifier;(b) browser or device information;(c) Internet Protocol address;(d) date and time;(e) selected categories;(f) notice or policy version; and(g) withdrawal or modification history.Information collected solely to record or honor a privacy choice will not intentionally be used for unrelated advertising or marketing purposes.6.8 Withdrawal and Modification of Preferences
Where supported or legally required, a visitor may withdraw or modify a prior cookie or technology preference through:(a) the Website’s preference mechanism;(b) a privacy-settings link;(c) the visitor’s browser or device settings;(d) an applicable universal opt-out signal; or(e) another method described in this Privacy Policy.Withdrawal generally applies prospectively and does not invalidate processing lawfully completed before the preference was changed.Deleting cookies may also delete the record of a prior preference, which may cause the Website to request the visitor’s choice again.Preferences stored through one browser or device may not automatically apply to another browser or device unless the applicable system supports that functionality.6.9 Browser and Device Controls
Most browsers and devices provide settings that allow visitors to control some cookies and similar technologies.Depending on the browser, device, and operating system, a visitor may be able to:(a) view stored cookies;(b) block some or all cookies;(c) delete existing cookies;(d) restrict third-party or cross-site tracking;(e) limit location, camera, microphone, or device permissions;(f) receive notice before certain cookies are stored;(g) control local storage;(h) use private or incognito browsing; or(i) activate a supported privacy preference signal.Browser and device controls vary and may change over time.A browser setting may not control every technology. For example, deleting browser cookies may not delete server logs, information already submitted through a form, or records maintained independently by a service provider.6.10 Do Not Track Disclosures
Some browsers offer a legacy “Do Not Track” setting intended to communicate that the user does not want certain online tracking.There is no single generally accepted technical standard that requires all websites and services to interpret legacy Do Not Track signals in the same manner.Because Provocative Media does not currently intentionally engage in cross-site behavioral advertising through the Website, the Website does not currently alter its ordinary operation in response to a legacy Do Not Track signal unless required by applicable law or supported by an applicable provider.This Do Not Track disclosure does not apply to a legally recognized universal opt-out preference signal, such as Global Privacy Control, where applicable law requires that signal to be honored.Provocative Media’s treatment of Global Privacy Control and other legally recognized universal opt-out mechanisms is described in Article 5.6.11 Effect of Blocking Technologies
Blocking, restricting, or deleting cookies and similar technologies may affect Website operation.Depending on the technology blocked or deleted, a visitor may experience:(a) unavailable or incomplete Website functions;(b) difficulty submitting a form;(c) repeated privacy or preference notices;(d) failure to retain settings;(e) reduced Website performance;(f) unavailable embedded content;(g) security or abuse-prevention issues;(h) loss of saved preferences; or(i) other technical limitations.Provocative Media does not guarantee that every Website feature will operate correctly when a technology essential to that feature is blocked.Refusing nonessential technologies will not be treated as consent to those technologies and will not prevent access to ordinary Website content unless a limitation is technically necessary, legally permitted, and appropriately disclosed.6.12 Third-Party Websites and External Links
The Website may contain links directing visitors to third-party websites, Platforms, social-media profiles, payment services, scheduling services, or other external resources.A third party may collect personal information after a visitor:(a) selects the link;(b) leaves the Website;(c) accesses the third party’s service; or(d) interacts with the third party’s content.Provocative Media does not control cookies or tracking technologies independently placed by a third party after a visitor leaves the Website.The third party’s privacy notice, cookie practices, settings, and terms govern its independent processing.An ordinary link to a third-party service is different from embedded third-party content that activates while the visitor remains on the Website.6.13 Cookie and Technology Inventory
Where reasonably necessary or required by applicable law, Provocative Media may provide additional information concerning the technologies currently used through:(a) a cookie table;(b) a preference center;(c) a cookie notice;(d) a provider list; or(e) another Website disclosure.That information may identify:(a) the cookie or technology name;(b) the provider;(c) whether it is first-party or third-party;(d) its purpose;(e) its category;
(f) the type of information processed;(g) whether it is a session or persistent technology;(h) its expected duration;(i) whether consent or another choice applies; and(j) links or instructions concerning available controls.If a cookie inventory or preference center conflicts with this general Article concerning a specific technology, the more specific and current disclosure will control for that technology, subject to applicable law.6.14 Retention of Cookies and Technical Information
The duration of cookies and similar technologies varies by technology, purpose, provider, configuration, and applicable law.A technology may remain in effect:(a) only during a browser session;(b) until a defined expiration date;(c) until the visitor deletes it;(d) until a preference is changed;(e) until the provider removes it;(f) until the associated feature is discontinued; or(g) for another disclosed period.A cookie or device-storage duration does not necessarily determine how long related server logs, form submissions, consent records, security records, or other information are retained.Personal information generated through cookies and similar technologies may be retained according to:(a) the applicable purpose;(b) Provocative Media’s Data Retention provisions;(c) the provider’s applicable retention practices;(d) security and fraud-prevention needs;(e) legal and contractual obligations; and(f) applicable law.Retention should not be longer than reasonably necessary and proportionate for the applicable purpose, subject to legitimate legal, security, operational, and recordkeeping needs.6.15 Future Analytics, Advertising, and Embedded Technologies
Before or when Provocative Media materially changes the Website by adding a new analytics, advertising, measurement, profiling, embedded-content, or similar technology, we will, where required:(a) review the technology’s function and data practices;(b) determine what information it collects or receives;(c) identify the provider’s role;(d) review whether information is sold, shared, or used for targeted advertising;(e) determine whether prior consent is required;(f) determine whether an opt-out or objection mechanism is required;(g) update this Privacy Policy or another applicable notice;(h) update the cookie or technology inventory;(i) implement an appropriate consent or preference mechanism;(j) configure the technology to honor applicable preferences;(k) address universal opt-out signals;(l) enter into appropriate contractual terms; and(m) implement other safeguards required by applicable law.Where prior consent is legally required, Provocative Media will not intentionally activate the nonessential technology before the required consent is obtained.A materially broader technology practice will not be applied retroactively to previously collected personal information without any additional notice or consent required by applicable law.6.16 Changes to Cookie Practices
Provocative Media may revise its cookie and technology practices as the Website, providers, features, legal requirements, or business operations change.If a change materially affects how personal information is collected, accessed, used, disclosed, or retained, Provocative Media will:(a) update this Privacy Policy or the applicable cookie disclosure;(b) update the Effective Date or Last Updated date;(c) provide additional notice where required;(d) obtain consent where required;(e) provide or update applicable choices; and(f) take other steps required by applicable law.Changes will not eliminate or override a privacy choice that applicable law requires Provocative Media to continue honoring.
7. DATA RETENTION
7.1 General Retention Standard
Provocative Media retains personal information only for as long as reasonably necessary and proportionate to fulfill the purposes for which the information was collected or another purpose permitted under this Privacy Policy and applicable law.Those purposes may include:(a) receiving, evaluating, and responding to inquiries;(b) evaluating potential business opportunities and relationships;(c) preparing, administering, performing, modifying, and enforcing agreements;(d) administering active or reasonably anticipated Campaigns and business relationships;(e) maintaining appropriate business, contractual, accounting, payment, and tax records;(f) administering usage rights, exclusivity, reporting, compensation, and other continuing Campaign obligations;(g) complying with legal, regulatory, insurance, professional, and recordkeeping requirements;(h) preventing fraud, spam, impersonation, misuse, circumvention, and security incidents;(i) investigating or resolving complaints, disputes, or suspected misconduct;(j) establishing, exercising, preserving, or defending legal claims;(k) protecting legal, contractual, intellectual-property, and commercial rights; and(l) maintaining the security, integrity, and continuity of our systems and operations.Personal information may be retained for different periods depending on:(a) the category of information;(b) the context in which it was collected;(c) the applicable purpose;(d) the status of the inquiry, Campaign, transaction, or relationship;(e) the sensitivity of the information;(f) applicable legal or contractual requirements; and(g) the systems and service providers involved.Provocative Media does not intend to retain identifiable personal information indefinitely merely because it may possibly become useful in the future.7.2 Retention Limitation and Periodic Review
Retention must remain connected to a legitimate, disclosed, and reasonably necessary purpose.Provocative Media may periodically review retained information to determine whether it should be:(a) maintained;(b) corrected or updated;(c) restricted;(d) archived;(e) deidentified;(f) aggregated; or(g) securely deleted or destroyed.Where a record is no longer reasonably necessary for an active purpose, legal requirement, contractual obligation, security need, or documented legitimate business purpose, Provocative Media will take reasonable steps to delete, destroy, deidentify, or otherwise dispose of the record.A general desire to retain information “just in case” is not, by itself, sufficient justification for indefinite retention.7.3 Factors Used to Determine Retention Periods
When determining how long to retain a category of personal information, Provocative Media may consider:(a) the purpose for which the information was collected, received, or created;(b) whether an inquiry, proposal, Campaign, transaction, or business relationship remains active, pending, disputed, or reasonably anticipated;(c) whether the information remains reasonably necessary to provide a requested Service or perform an agreement;(d) the nature, amount, and sensitivity of the information;(e) the potential risk of harm from unauthorized access, use, disclosure, alteration, or loss;(f) the need to maintain accurate records of communications, approvals, permissions, transactions, and business decisions;(g) applicable statutes of limitation and repose;(h) contractual, tax, accounting, insurance, audit, and regulatory requirements;(i) actual or reasonably anticipated disputes, claims, investigations, or legal proceedings;(j) fraud-prevention, conflict-management, Non-Circumvention, security, and compliance requirements;(k) the duration of any applicable usage right, license, exclusivity obligation, reporting period, payment obligation, or surviving contractual provision;(l) whether the information is necessary to document or verify a completed transaction;(m) whether the information can reasonably be retained in a less identifiable form;(n) whether a valid privacy request applies;(o) the capabilities and retention practices of the systems and providers involved; and(p) other considerations permitted by applicable law.Retention decisions should be based on the applicable category and purpose rather than treating every record connected with an individual as subject to the same retention period.7.4 General Retention Categories
The following sections describe the general criteria Provocative Media uses for common record categories.These descriptions do not establish an absolute minimum or maximum retention period.A record may be retained for a shorter or longer period where reasonably necessary because of:(a) the circumstances of the applicable relationship;(b) a legal or contractual requirement;(c) a valid privacy request;(d) a legal hold;(e) a security or fraud investigation;(f) a dispute or claim;(g) technical limitations; or(h) another legally permitted reason.Where applicable law requires a more specific retention period or category-specific disclosure, Provocative Media will provide that information through an appropriate notice or internal retention schedule.7.5 Inquiries and Potential Business Relationships
Information submitted through Website forms, email, referrals, direct messages, telephone calls, meetings, or other business communications may be retained while Provocative Media:(a) reviews and responds to the inquiry;(b) requests additional information;(c) evaluates the proposed opportunity;(d) determines whether a potential relationship may be appropriate;(e) prepares or discusses a proposal;(f) conducts relevant conflict, compliance, fraud, or business review; or(g) maintains reasonable follow-up communications.If an inquiry does not result in a business relationship, Provocative Media may retain limited relevant information for a reasonable period to:(a) maintain a record of the inquiry and response;(b) document why an opportunity was accepted, declined, or deferred;(c) avoid unnecessary duplicate review or outreach;(d) manage previous communications, conflicts, restrictions, or representations;(e) identify a later opportunity reasonably related to the original inquiry;(f) prevent fraud, spam, impersonation, circumvention, or misuse;(g) respond to later questions, complaints, or disputes; and(h) protect legal and contractual interests.Information will not be retained indefinitely solely because an unrelated future opportunity might arise.Where full inquiry records are no longer necessary, Provocative Media may retain a more limited record containing information such as:(a) the individual’s or organization’s name;(b) contact information;(c) inquiry date;(d) general inquiry category;(e) status or disposition;(f) communication preference; and(g) information reasonably necessary to prevent duplicate processing, fraud, or unwanted contact.7.6 Active and Former Business Relationships
Information concerning an active Brand, Creator, vendor, contractor, referral partner, adviser, service provider, or other business relationship may be retained for the duration of the relationship.Relevant information may also be retained afterward for a reasonable period to:(a) complete outstanding Campaign, payment, approval, reporting, usage-rights, exclusivity, or closeout obligations;(b) administer renewals, extensions, amendments, or related opportunities;(c) maintain records of agreements, approvals, Deliverables, communications, instructions, and transactions;(d) document the relationship and the performance of contractual obligations;(e) administer Protected Brands, Protected Creators, protected opportunities, and other continuing contractual protections;(f) comply with tax, accounting, insurance, and legal requirements;(g) investigate or resolve complaints, disputes, breaches, or payment issues;(h) enforce confidentiality, intellectual-property, Non-Circumvention, payment, indemnification, limitation-of-liability, or other surviving provisions; and(i) establish, exercise, preserve, or defend legal claims.Completion, expiration, suspension, cancellation, or termination of a Campaign or business relationship does not require the immediate deletion of every record associated with that relationship.Records unrelated to a continuing purpose may be removed, restricted, redacted, aggregated, or deidentified before the complete relationship file is deleted.7.7 Contract, Signature, Payment, Accounting, and Tax Records
Provocative Media may retain records such as:(a) Brand Services Agreements;(b) Brand Statements of Work;(c) Brand Change Orders;(d) Creator Sponsorship Representation Agreements;(e) Creator Campaign Addenda;(f) Creator Campaign Amendments;(g) vendor, contractor, referral, and nondisclosure agreements;(h) releases, consents, and authorizations;(i) electronic-signature and execution records;(j) invoices;(k) payment records;(l) transaction confirmations;(m) expense records;(n) Form W-9 and other applicable tax documents;(o) accounting records; and(p) related communications.These records may be retained for the periods reasonably required by:(a) applicable law;(b) tax and accounting requirements;(c) audit and insurance requirements;(d) contractual obligations;(e) statutes of limitation;(f) dispute-resolution and enforcement needs;(g) fraud-prevention requirements; and(h) legitimate and documented business-recordkeeping practices.The applicable period may depend on the action, expense, transaction, tax filing, agreement, or event documented by the record.A deletion request does not necessarily require deletion of records that Provocative Media is legally required or otherwise permitted to retain for these purposes.Where reasonably practicable, access to tax, payment, and financial-account information will be restricted after the information is no longer needed for active payment administration.7.8 Campaign and Rights-Management Records
Provocative Media may retain Campaign records for as long as reasonably necessary to document, administer, verify, or enforce:(a) Creator participation;(b) Brand instructions and approvals;(c) Deliverables and publication dates;(d) submission and revision history;(e) Brand acceptance or deemed approval;(f) required disclosures and compliance steps;(g) usage rights and license periods;(h) editing and modification rights;(i) paid-advertising permissions;(j) whitelisting permissions;(k) Creator name, image, likeness, voice, and handle permissions;(l) exclusivity periods and exceptions;(m) Campaign reporting and analytics;(n) payments, expenses, refunds, credits, and cancellation obligations;(o) content-removal or rights-expiration obligations; and(p) Campaign closeout.Certain Campaign records may be retained after Campaign completion because the continued existence, expiration, enforcement, or interpretation of a right or obligation may depend on those records.For example, Provocative Media may retain limited records sufficient to establish:(a) which Campaign Content was licensed;(b) the authorized Brand;(c) the permitted uses;(d) the authorized Platforms and territory;(e) the start and end dates of the license;(f) whether paid advertising or whitelisting was authorized;(g) the exclusivity period; and(h) whether required payments were made.7.9 Communications and Relationship-Management Records
Provocative Media may retain business communications, contact records, meeting notes, approvals, instructions, and relationship-management records for as long as reasonably necessary to:(a) administer an active inquiry or relationship;(b) document material instructions and decisions;(c) maintain accurate contact information;(d) identify authorized representatives;(e) preserve evidence of approvals and permissions;(f) understand the history and status of a relationship;(g) resolve disagreements concerning prior communications;(h) comply with contractual or legal obligations; and(i) protect legal and business interests.Routine or duplicative communications may be deleted earlier than communications documenting material business, contractual, payment, compliance, or legal matters.7.10 Marketing Preferences and Suppression Records
Provocative Media may retain limited information concerning:(a) marketing opt-outs;(b) unsubscribe requests;(c) do-not-contact requests;(d) sale or sharing opt-outs;(e) targeted-advertising preferences;(f) cookie or tracking preferences;(g) consent withdrawals; and(h) other privacy choices.This information may be retained for as long as reasonably necessary to:(a) honor the applicable preference;(b) prevent a person from being unintentionally added back to a list or processing activity;(c) document compliance with the request;(d) respond to questions or complaints; and(e) comply with applicable law.A suppression record may contain only the information reasonably necessary to recognize and honor the preference, such as:(a) an email address;(b) a telephone number;(c) a browser or device identifier;(d) the type of request;(e) the date of the request; and(f) the status of the request.Retention of a limited suppression record does not authorize use of that information for promotional outreach or another purpose inconsistent with the individual’s request.7.11 Privacy-Request and Consent Records
Provocative Media may retain records concerning:(a) access requests;(b) correction requests;(c) deletion requests;(d) opt-out requests;(e) requests to limit processing;(f) authorized-agent requests;(g) consent and withdrawal records;(h) identity or authority verification;(i) responses and correspondence; and(j) appeals or complaints.These records may be retained for the period reasonably necessary to:(a) process the request;(b) document the response;(c) demonstrate compliance;(d) prevent fraudulent or repetitive requests;(e) continue honoring an applicable preference;(f) respond to a complaint, audit, or investigation; and(g) establish, exercise, or defend legal rights.Information collected solely to verify or process a privacy request will not be retained or used for an unrelated purpose except where permitted by applicable law.7.12 Sensitive Personal Information
Sensitive personal information should be retained for the shortest period reasonably necessary for the specific authorized purpose for which it was collected.This may include information used to:(a) process payments;(b) complete tax documentation;(c) verify identity or authority;(d) conduct an authorized background or compliance review;(e) provide an accommodation;(f) administer travel, safety, or security requirements;(g) comply with applicable law; or(h) establish, exercise, or defend legal rights.Where reasonably practicable, Provocative Media may:(a) avoid retaining a complete copy;(b) retain only a verification result;(c) maintain masked or partial information;(d) restrict access;(e) store the information through a designated secure provider; or(f) delete the information after the applicable purpose is complete.Complete account credentials, payment-card information, banking credentials, government identification numbers, and similar information should not be retained in ordinary Campaign, email, or relationship-management files unless reasonably necessary and appropriately protected.7.13 Information Concerning Minors
Personal information concerning a minor will be retained only for as long as reasonably necessary for the authorized purpose for which it was collected and any related legal, contractual, safety, payment, tax, consent, release, or recordkeeping requirement.Where a minor is considered for or participates in a Campaign, relevant records may include:(a) parent or guardian contact information;(b) authority and consent records;(c) releases;(d) Campaign participation records;(e) payment and tax records;(f) safety or travel information; and(g) records of usage or publicity rights.
Information concerning a minor will not be retained indefinitely merely because the minor may be considered for a future opportunity.Where reasonably practicable, unnecessary information concerning a minor will be deleted, restricted, or deidentified after the applicable purpose and required retention period have ended.7.14 Security, Fraud-Prevention, and Technical Records
Technical, security, fraud-prevention, server-log, spam-detection, backup, access-control, and diagnostic information may be retained for the period reasonably necessary to:(a) operate and secure the Website and related systems;(b) identify and prevent unauthorized or unlawful activity;(c) investigate fraud, impersonation, spam, abuse, or circumvention;(d) diagnose technical problems;(e) maintain availability and business continuity;(f) preserve evidence of security events;(g) respond to incidents, complaints, or legal requests; and(h) improve security and system reliability.Routine technical logs are generally intended to be retained for shorter operational periods where reasonably practicable.A longer period may apply where a record is relevant to:(a) an actual or suspected security incident;(b) fraud or abuse;(c) a legal claim;(d) a contractual dispute;(e) an investigation;(f) an insurance matter; or(g) another documented security or legal need.7.15 Legal Holds and Required Preservation
Provocative Media may suspend ordinary deletion, destruction, alteration, or disposal procedures when information is reasonably relevant to:(a) actual or reasonably anticipated litigation;(b) a subpoena, court order, government request, or other legal process;(c) an investigation;(d) an audit;(e) an insurance claim;(f) a contractual dispute;(g) a payment or collection matter;(h) suspected fraud, misconduct, or security incident;(i) a privacy complaint or regulatory inquiry; or(j) another legal or regulatory preservation obligation.Information subject to a legal hold may be retained until:(a) the applicable matter has concluded;(b) applicable review or appeal periods have expired;(c) counsel or another authorized person releases the hold; and(d) any related preservation obligation has ended.After a legal hold is released, the information will again become subject to the ordinary retention and disposal standards applicable to the record.A legal hold may apply only to the information reasonably relevant to the applicable matter rather than every record concerning the affected individual or organization.7.16 Backups and Archived Copies
Deletion from active systems may not result in the immediate deletion of every residual copy.Copies may temporarily remain in:(a) system backups;(b) disaster-recovery systems;(c) security archives;(d) email archives;(e) technical logs; or(f) provider-maintained backup systems.Residual copies may remain until they are:(a) overwritten;(b) deleted;(c) rendered inaccessible;(d) deidentified;(e) isolated; or(f) removed through ordinary backup and retention procedures.Where reasonably practicable, information retained solely in a backup or archival system after a valid deletion request will not be:(a) restored to active use;(b) used for ordinary business purposes;(c) disclosed for a new commercial purpose; or(d) otherwise processed except for security, disaster recovery, legal compliance, or another permitted purpose.If a backup containing information subject to a valid deletion or restriction request is later restored, Provocative Media will take reasonable steps to reapply the applicable deletion, restriction, suppression, or privacy preference before resuming ordinary use of the restored information.7.17 Information Maintained by Service Providers
A service provider processing personal information on behalf of Provocative Media may retain information according to:(a) the service being provided;(b) Provocative Media’s instructions;(c) the applicable contract;(d) the provider’s technical and backup processes;(e) applicable legal and regulatory obligations; and(f) legally permitted security, fraud-prevention, and operational purposes.Where required by applicable law or applicable contractual obligations, Provocative Media may instruct service providers or contractors acting on its behalf to:(a) delete personal information;(b) restrict processing;(c) correct information;(d) return information;(e) honor an applicable opt-out or preference; or(f) assist with a privacy request.Provocative Media may not control the retention of information independently collected and controlled by a third party acting for its own purposes.A third party’s independent retention practices may be governed by its own privacy notice, contractual obligations, and applicable law.Technical limitations affecting the timing of deletion do not authorize Provocative Media or a provider to use retained information for unrelated purposes.7.18 Deidentified and Aggregated Information
Provocative Media may retain aggregated, statistical, anonymized, or deidentified information for legitimate business purposes where the information cannot reasonably be associated with an identifiable individual or household.Those purposes may include:(a) Campaign analysis;(b) business planning;(c) Website improvement;(d) operational reporting;(e) market and audience analysis;(f) security analysis;(g) statistical analysis; and(h) development and improvement of internal processes and Services.Where required by applicable law, Provocative Media will:(a) take reasonable measures designed to prevent deidentified information from being associated with a particular individual or household;(b) maintain and use the information in deidentified form; and(c) not attempt to reidentify it except where legally permitted for security, testing, verification, or compliance purposes.Information will again be treated as personal information if it is reidentified or reasonably linked to an identifiable individual or household.7.19 Deletion Requests and Retention Exceptions
An individual may request deletion of personal information as described in the Privacy Rights section of this Privacy Policy.Provocative Media will evaluate each request under the applicable law.Provocative Media may deny, limit, or delay deletion where retention is reasonably necessary or legally permitted to:(a) complete a transaction requested by the individual;(b) provide a reasonably anticipated Service;(c) perform, administer, or enforce a contract;(d) maintain payment, financial, tax, accounting, or transaction records;(e) detect, prevent, investigate, or respond to fraud, abuse, circumvention, security incidents, or unlawful activity;(f) protect systems, accounts, information, and individuals;(g) comply with applicable law, legal process, or regulatory obligations;(h) establish, exercise, preserve, or defend legal claims;(i) preserve evidence of material communications, instructions, authorizations, or transactions;(j) honor another person’s rights;(k) maintain legally protected, confidential, or privileged records;(l) exercise free-speech or another legally protected right;(m) maintain a limited suppression record necessary to honor the request;(n) complete a legal hold or investigation; or(o) rely on another exception available under applicable law.Provocative Media may also deny or limit a request where:(a) the requester’s identity or authority cannot be verified where verification is legally permitted or required;(b) the request is fraudulent;(c) the request is manifestly unfounded or excessive where applicable law permits denial on that basis;(d) deletion would adversely affect another person’s rights; or(e) Provocative Media does not possess or control the requested information.Where only part of a record must be retained, Provocative Media may, where reasonably practicable:(a) delete other portions;(b) redact unnecessary information;(c) restrict access;(d) limit further processing;(e) deidentify the information; or(f) separate the retained information from active business records.If deletion is denied or limited, Provocative Media will provide any explanation, appeal process, or other response required by applicable law.7.20 Secure Disposal
When personal information is no longer reasonably necessary and no legal, contractual, security, fraud-prevention, or other permitted purpose requires continued retention, Provocative Media will take reasonable steps to:(a) delete;(b) destroy;(c) erase;(d) redact;(e) anonymize;(f) aggregate;(g) deidentify; or(h) otherwise securely dispose ofthe information.Disposal measures will be selected based on:(a) the sensitivity of the information;(b) the format in which it is maintained;(c) the media or system involved;(d) available technology;(e) the providers involved;(f) applicable legal requirements; and(g) the risk of unauthorized access, reconstruction, or recovery.Disposal may include:(a) securely deleting electronic records;(b) overwriting or cryptographically erasing storage;(c) destroying or shredding paper records;(d) removing information from active business systems;(e) closing or deleting accounts;(f) instructing an applicable service provider to delete information; or(g) applying another reasonable disposal method.No deletion or destruction method can guarantee that information will be irretrievable in every circumstance.That limitation does not eliminate Provocative Media’s obligation to use disposal measures reasonably appropriate to the information and system involved.7.21 Internal Retention Schedule
Provocative Media may maintain an internal records-retention and deletion schedule assigning more specific:(a) record categories;(b) responsible personnel;(c) standard retention periods;(d) triggering events;(e) review dates;(f) legal-hold procedures;(g) access restrictions;(h) disposal methods; and(i) service-provider responsibilities.The internal retention schedule may distinguish among categories such as:(a) general inquiries;(b) declined opportunities;(c) active business relationships;(d) former business relationships;(e) Campaign records;(f) contracts and signatures;(g) payment and tax records;(h) marketing preferences;(i) privacy requests;(j) security and technical logs;(k) sensitive personal information;(l) information concerning minors; and(m) legal-hold records.Internal retention periods may be revised where reasonably necessary to reflect:(a) changes in applicable law;(b) changes in business operations;(c) changes in technology or provider capabilities;(d) security considerations;(e) insurance, accounting, tax, or professional guidance;(f) changes in statutes of limitation;(g) the nature and sensitivity of the applicable information; and(h) the results of periodic retention reviews.A revision to an internal retention schedule does not authorize retention that is unnecessary, disproportionate, inconsistent with this Privacy Policy, or prohibited by applicable law.7.22 No Requirement to Retain Information
Nothing in this Privacy Policy requires Provocative Media to retain personal information:(a) for the maximum period permitted by law;(b) until an individual submits a deletion request;(c) after the applicable purpose has ended;(d) solely because the information might have possible future value; or(e) where earlier deletion, destruction, aggregation, or deidentification is lawful and appropriate.Provocative Media may delete information earlier than an otherwise applicable general retention period where the information is no longer reasonably necessary and no legal, contractual, security, or other permitted basis requires continued retention.
8. DATA SECURITY
8.1 Security Commitment
Provocative Media takes reasonable administrative, technical, organizational, and, where appropriate, physical measures designed to protect personal information against reasonably foreseeable risks, including:(a) unauthorized access;(b) unauthorized acquisition, use, disclosure, or alteration;(c) accidental loss, destruction, or corruption;(d) fraud, impersonation, and misuse;(e) compromise of accounts, systems, or communications;(f) security incidents; and(g) other threats to the confidentiality, integrity, or availability of personal information.Our security measures are selected and maintained according to the circumstances and may vary based on:(a) the nature and sensitivity of the information;(b) the amount of information involved;(c) the purposes for which the information is processed;(d) the foreseeable risks to affected individuals and organizations;(e) the systems, devices, and service providers involved;(f) available and appropriate technology;(g) the cost and feasibility of particular safeguards;(h) the size and nature of Provocative Media’s operations; and(i) applicable legal and contractual requirements.No single security measure is appropriate for every category of information, system, provider, or business activity.8.2 Risk-Based Security Practices
Provocative Media seeks to maintain security practices reasonably appropriate to its operations and the personal information it processes.Those practices may include, where appropriate:(a) identifying the categories of information maintained;(b) limiting collection of unnecessary information;(c) evaluating reasonably foreseeable threats and vulnerabilities;(d) applying safeguards appropriate to the identified risks;(e) limiting access to persons with a legitimate business need;(f) reviewing access when responsibilities or relationships change;(g) using providers and systems appropriate to the information involved;(h) maintaining reasonable data-retention and disposal practices;(i) preparing for reasonably foreseeable security incidents; and(j) reviewing and adjusting safeguards as risks, technologies, operations, and legal requirements change.The description of a category of safeguard in this Privacy Policy does not mean that the same safeguard is used for every system, record, communication, or provider.8.3 Administrative and Organizational Measures
Administrative and organizational measures may include, where reasonably appropriate:(a) assigning responsibility for privacy and security matters;(b) maintaining internal privacy, security, retention, access-control, and incident-response procedures;(c) limiting access according to job responsibilities and legitimate business needs;(d) reviewing and updating access permissions;(e) terminating or modifying access when personnel, contractor, or provider relationships change;(f) providing appropriate privacy, security, fraud-prevention, and phishing guidance;(g) requiring appropriate confidentiality or contractual obligations;(h) evaluating service providers based in part on their role and the information involved;(i) maintaining records necessary to administer privacy and security matters;(j) restricting the use of personal information for unauthorized or unrelated purposes;(k) securely disposing of information when continued retention is no longer reasonably necessary; and(l) obtaining professional security, legal, insurance, or technical assistance where appropriate.8.4 Access Controls and Account Security
Access to personal information is intended to be limited to personnel, contractors, advisers, and service providers who reasonably require the information to:(a) respond to an inquiry;(b) evaluate a potential business relationship;(c) administer a Campaign, transaction, or agreement;(d) perform an assigned business function;(e) process payments or maintain records;(f) maintain, support, or secure systems;(g) comply with legal or professional obligations; or(h) protect Provocative Media’s lawful interests.Depending on the system and risk involved, access protections may include:(a) unique user accounts;(b) password requirements;(c) multifactor authentication;(d) role-based or permission-based access;(e) session and login controls;(f) account-recovery procedures;(g) access logging;(h) account suspension or termination procedures; and(i) other authentication or authorization measures.Provocative Media does not represent that every listed measure is used for every system or account.Individuals receiving authorized access must not use personal information for an unrelated or unauthorized purpose.8.5 Devices, Software, and Communications
Depending on the applicable system and risk, Provocative Media may use measures designed to protect devices, software, and communications, including:(a) software, browser, device, and system updates;(b) malware, spam, phishing, and malicious-link protections;(c) device access controls;(d) secure account configurations;(e) protected file-sharing or transmission methods;(f) backup and recovery procedures;(g) logging and diagnostic tools;(h) restrictions on unnecessary downloading, copying, or transfer;(i) encryption or other protected transmission and storage methods where appropriate and supported; and(j) other measures intended to reduce unauthorized access, alteration, loss, or disclosure.Provocative Media does not represent that:(a) all personal information is encrypted in every location;(b) every communication uses end-to-end encryption;(c) every system applies the same technical controls; or(d) every provider uses identical security practices.8.6 Data Minimization and Restricted Information
One component of reasonable security is limiting the information collected and retained.Provocative Media seeks to avoid collecting sensitive personal information through general Website forms or ordinary business communications when the information is not reasonably necessary.Individuals should not submit through a public Website form or unsolicited ordinary email:(a) Social Security numbers;(b) taxpayer identification numbers;(c) passport, driver’s-license, or other government identification numbers;(d) passwords, security codes, or authentication credentials;(e) complete bank-account information;(f) complete payment-card information;(g) online-banking credentials;(h) medical or health records;(i) biometric identifiers;(j) precise geolocation information;(k) private communications unrelated to the inquiry; or(l) other highly sensitive information,unless Provocative Media specifically requests the information and identifies an appropriate submission method.If unnecessary sensitive information is submitted without being requested, Provocative Media may delete, redact, restrict, return, isolate, or decline to process it where reasonably practicable and legally permitted.8.7 Website and Form Security
Provocative Media uses Carrd and other providers to host, operate, deliver, maintain, and support the Website and its forms.Website submissions may pass through or be processed by systems operated by:(a) Carrd;(b) hosting and infrastructure providers;(c) Domain Name System and network providers;(d) form-processing providers;(e) email and communications providers;(f) spam and abuse-prevention providers;(g) security providers; and(h) other connected service providersbefore the information is received or accessed by Provocative Media.These systems may apply their own technical, operational, availability, logging, backup, and security measures.Provocative Media cannot guarantee that information submitted through the Website will never be intercepted, delayed, corrupted, misdirected, lost, or accessed without authorization.Visitors should not use a general Website form where Provocative Media has instructed them to use a separate secure process.8.8 Email, Messages, and Electronic Communications
Email, text messages, direct messages, Website forms, video-conferencing systems, file-sharing services, and other electronic communications may involve security risks.Provocative Media may take reasonable steps to:(a) identify suspicious communications;(b) verify unusual instructions;(c) screen messages or attachments for spam or malicious content;(d) restrict access to business communications;(e) use protected transmission methods where appropriate;(f) preserve communications relevant to fraud, security, contracts, or legal rights; and(g) investigate suspected impersonation or unauthorized activity.Provocative Media will not request through a general Website form or unsolicited ordinary email:(a) an account password;(b) an authentication code;(c) unrestricted access to a social-media account;(d) an online-banking password; or(e) complete payment-card credentials.Where a Campaign requires paid advertising, whitelisting, or Creator-authorized advertising, access should ordinarily be established through:(a) Platform-native permission tools;(b) designated advertising-account permissions;(c) an approved secure authorization process; or(d) another method agreed in the applicable Campaign documentation.A Creator should not provide a general social-media password merely because a Campaign involves whitelisting or paid advertising.8.9 Payment, Banking, Tax, and Identity Information
Where a business relationship requires payment, banking, tax, identity-verification, insurance, or similar sensitive information, Provocative Media may direct the individual to submit the information through:(a) a designated payment provider;(b) a banking or financial institution;(c) an accounting or tax platform;(d) an electronic-signature provider;(e) a secure form or file-transfer method; or(f) another specifically approved process.Provocative Media may receive only limited or masked information from a provider, such as:(a) confirmation that information was submitted;(b) payment status;(c) transaction identifiers;(d) a partial account number;(e) taxpayer classification; or(f) another limited administrative record.Complete banking credentials, taxpayer identification numbers, and similar information should not be stored in ordinary Campaign-management, email, or contact-management records unless reasonably necessary and appropriately restricted.8.10 Physical Records and Work Environments
Where personal information exists in paper form or is accessed from a physical location, reasonable physical measures may include:(a) limiting physical access;(b) securely storing records when not in use;(c) avoiding unnecessary printing;(d) preventing public display of sensitive information;(e) securely disposing of paper records;(f) protecting devices used to access business systems; and(g) taking reasonable precautions when working remotely or in shared environments.Provocative Media does not represent that it maintains a dedicated physical data center or stores every record in physical form.8.11 Service-Provider Security
Provocative Media relies on third-party providers for services such as:(a) Website hosting and infrastructure;(b) domain and network services;(c) form processing;(d) email and communications;(e) cloud storage and business software;(f) document management and electronic signatures;(g) payment, banking, accounting, and tax administration;(h) security, fraud prevention, and backups; and(i) other business operations.Where reasonably appropriate, Provocative Media may consider factors such as:(a) the provider’s role;(b) the nature and sensitivity of the information involved;(c) available security information;(d) contractual protections;(e) access controls;(f) incident-notification procedures;(g) retention and deletion capabilities;(h) legal and regulatory obligations; and(i) the provider’s ability to support relevant privacy and security requirements.Where required or reasonably appropriate, Provocative Media may seek contractual terms addressing:(a) confidentiality;(b) permitted use;(c) access restrictions;(d) security safeguards;(e) incident notification;(f) cooperation with investigations and privacy requests;(g) return or deletion of information; and(h) use of subcontractors.Third-party providers operate and control their own systems, personnel, configurations, security measures, and incident-response procedures.Provocative Media cannot guarantee that a provider will prevent every security incident.That limitation does not eliminate any responsibility Provocative Media may have under applicable law or contract concerning providers processing personal information on its behalf.8.12 Security Monitoring and Fraud Prevention
Provocative Media and its providers may monitor, preserve, review, or analyze technical and business information where reasonably necessary to:(a) detect suspicious activity;(b) prevent spam, fraud, impersonation, circumvention, and misuse;(c) investigate unauthorized access or disclosure;(d) identify malicious files, links, messages, or submissions;(e) maintain system integrity and availability;(f) protect accounts and communications;(g) preserve evidence;(h) enforce access restrictions; and(i) comply with applicable law.Monitoring may involve:(a) access records;(b) login activity;(c) Internet Protocol addresses;(d) message and form metadata;(e) transaction records;(f) security alerts;(g) diagnostic logs; and(h) other information reasonably relevant to the applicable security purpose.Security monitoring is not intended to authorize access to unrelated private information or use of personal information for an incompatible purpose.8.13 Incident Response
For purposes of this Article, a “security incident” means an event that may affect the confidentiality, integrity, or availability of personal information or a system used to process it.A security incident does not necessarily constitute a legally reportable breach.Where appropriate under the circumstances, Provocative Media may take steps to:(a) identify and assess the incident;(b) contain or limit the incident;(c) preserve relevant evidence;(d) secure affected accounts, devices, systems, or credentials;(e) determine the nature and scope of the incident;(f) identify the categories of information and persons potentially affected;(g) coordinate with relevant service providers;(h) remediate vulnerabilities or misconfigurations;(i) restore systems and information;(j) obtain legal, technical, forensic, insurance, or other professional assistance;(k) communicate with authorities or affected parties where appropriate;(l) document material findings and actions; and(m) revise safeguards or procedures where reasonably appropriate.Provocative Media may maintain and revise incident-response procedures appropriate to its operations and the information it processes.The existence of an incident-response procedure does not guarantee that every incident will be identified immediately or entirely prevented.
8.14 Security-Incident Notification
If Provocative Media determines that an incident requires notification under applicable law, contract, or another binding obligation, Provocative Media will provide the required notice in accordance with the applicable:(a) triggering standard;(b) timing requirement;(c) permitted investigation period;(d) law-enforcement delay;(e) required content;(f) delivery method; and(g) recipient requirements.Depending on the circumstances and applicable law, notice may be provided to:(a) affected individuals;(b) government or regulatory authorities;(c) consumer-reporting agencies;(d) business customers or counterparties;(e) service providers;(f) insurers; or(g) other legally required recipients.The timing and content of a notice may depend on:(a) whether a qualifying breach has been determined;(b) the nature and scope of the incident;(c) the information involved;(d) the number and location of affected individuals;(e) whether misuse or harm occurred or is reasonably likely;(f) the progress of the investigation;(g) measures necessary to contain the incident and restore system integrity;(h) law-enforcement instructions; and(i) applicable legal requirements.Nothing in this Privacy Policy:(a) requires notice where applicable law and contract do not require it;(b) prevents Provocative Media from providing notice voluntarily where appropriate and lawful;(c) requires disclosure of privileged, confidential, security-sensitive, or legally protected information; or(d) prevents Provocative Media from taking immediate protective action before completing an investigation.8.15 No Absolute Security Guarantee
No Website, network, email system, device, storage system, transmission method, service provider, process, or security measure is completely secure.Although Provocative Media uses safeguards designed to reduce reasonably foreseeable risks, we cannot guarantee that information will never be:(a) intercepted;(b) accessed or acquired without authorization;(c) improperly used or disclosed;(d) altered;(e) corrupted;(f) lost;(g) misdirected;(h) damaged; or(i) destroyed.Provocative Media does not represent or warrant that:(a) the Website or any system is breach-proof;(b) every vulnerability will be identified or corrected immediately;(c) every attempted attack or unauthorized access will be detected;(d) all personal information is encrypted in every location and transmission;(e) every provider will prevent all security incidents;(f) information submitted over the Internet is risk-free; or(g) unauthorized activity can never occur.This Section does not limit any nonwaivable obligation imposed by applicable law.8.16 No Security Certification Representation
Unless expressly stated in a separate written document, Provocative Media does not represent that:(a) it has obtained a particular cybersecurity certification;(b) its systems have completed a particular independent security audit;(c) it is certified under ISO 27001, SOC 2, PCI DSS, HIPAA, or another framework;(d) every service provider meets a particular security standard; or(e) its safeguards satisfy a contractual standard not expressly accepted by Provocative Media.Use of a provider that maintains its own certification does not mean that Provocative Media itself holds that certification.Nothing in this Section limits any security requirement expressly accepted in a binding written agreement.8.17 Individual Precautions
Individuals may reduce certain security risks by:(a) limiting submissions to information reasonably necessary for the interaction;(b) avoiding sensitive information in general Website forms and ordinary email;(c) using secure devices, networks, browsers, and email accounts;(d) protecting passwords and authentication codes;(e) using unique passwords and multifactor authentication where available;(f) verifying unusual payment, banking, credential, or account-access requests;(g) reviewing links and attachments before opening them;(h) notifying Provocative Media of suspected impersonation, phishing, or unauthorized communications; and(i) following secure-submission instructions provided by Provocative Media.These precautions do not transfer to an individual any security obligation that applicable law places on Provocative Media.An individual’s failure to follow a suggested precaution does not automatically waive a legal right or establish responsibility for a security incident.8.18 Reporting a Security Concern
A person who becomes aware of a suspected:(a) security vulnerability;(b) fraudulent communication;(c) phishing attempt;(d) impersonation attempt;(e) unauthorized disclosure;(f) compromised communication;(g) suspicious payment request; or(h) other security concern involving Provocative Mediamay report the concern using the contact method identified in the Contact Us section of this Privacy Policy.A report should include, where reasonably available:(a) the reporter’s name and contact information;(b) a clear description of the concern;(c) the date and approximate time of the event;(d) the Website page, email address, telephone number, link, account, or service involved;(e) copies or screenshots of suspicious communications;(f) steps already taken; and(g) other information reasonably likely to assist with review.A report should not include:(a) passwords;(b) authentication codes;(c) complete financial-account information;(d) complete payment-card information;(e) unnecessary government identification numbers; or(f) other sensitive information not needed to describe the concern.Submitting a security report does not authorize a person to access, test, scan, disrupt, exploit, or interfere with the Website, systems, accounts, providers, or information.8.19 Changes to Security Practices
Provocative Media may modify its security measures and procedures as:(a) its operations grow or change;(b) systems, devices, and providers change;(c) new technology is introduced;(d) new threats or vulnerabilities are identified;(e) incidents or testing identify areas for improvement;(f) legal or contractual requirements change; or(g) additional safeguards become reasonably appropriate.A change to a security measure does not necessarily require a change to this Privacy Policy unless the change materially affects Provocative Media’s public description of its information practices.8.20 Confidentiality of Security Information
The descriptions in this Privacy Policy are general.Nothing in this Privacy Policy requires Provocative Media to publicly disclose:(a) detailed system architecture;(b) internal security configurations;(c) access-control settings;(d) passwords, credentials, or encryption keys;(e) vulnerabilities;(f) penetration-testing results;(g) forensic reports;(h) incident-response playbooks;(i) provider-security assessments;(j) backup configurations;(k) monitoring rules; or(l) other information whose disclosure could create a security risk, waive a privilege, breach a confidentiality obligation, or impair an investigation.Provocative Media may provide additional security information where reasonably appropriate under a confidentiality agreement, vendor-review procedure, legal requirement, or binding contract.
9. PRIVACY RIGHTS AND REQUESTS
9.1 Rights That May Be Available
Depending on:(a) the individual’s place of residence;(b) the nature of the individual’s interaction with Provocative Media;(c) the category of personal information involved;(d) the purpose for which the information is processed;(e) whether Provocative Media satisfies the applicable legal thresholds;(f) any applicable exemption or exclusion; and(g) the law governing the request,an individual may have one or more of the following privacy rights:(a) confirmation of whether Provocative Media processes personal information concerning the individual;(b) access to personal information concerning the individual;(c) information about the categories of personal information collected;(d) information about the categories of sources from which personal information was obtained;(e) information about the purposes for which personal information is collected, used, or disclosed;(f) information about the categories of recipients to whom personal information has been disclosed;(g) access to specific pieces of personal information where required by applicable law;(h) correction of inaccurate personal information;(i) deletion of personal information;(j) a copy of personal information in a portable and reasonably usable format;(k) withdrawal of consent where processing is based on consent;(l) objection to or restriction of certain processing where applicable law provides that right;(m) cessation of promotional marketing communications;(n) opt-out of the sale of personal information;(o) opt-out of sharing for cross-context behavioral advertising;(p) opt-out of processing for targeted advertising;(q) opt-out of certain profiling or automated decision-making activities;(r) limitation of certain uses or disclosures of sensitive personal information;(s) information concerning certain automated decision-making technologies where required by law;(t) an appeal of a denied privacy request where applicable law provides an appeal right;(u) submission of a complaint to an applicable privacy or data-protection authority; and(v) freedom from unlawful discrimination or retaliation for exercising an applicable privacy right.Not every right applies to every individual, business interaction, or category of information.9.2 Scope and Limitations of Privacy Rights
Privacy rights vary among jurisdictions.A particular right may not apply where:(a) the applicable privacy law does not cover Provocative Media;(b) the applicable legal threshold has not been met;(c) the individual is acting in a commercial, employment, contractor, or other context excluded by the applicable law;(d) the information is publicly available, deidentified, aggregated, or otherwise excluded under applicable law;(e) the information is governed by another law;(f) Provocative Media processes the information solely on behalf of another organization;(g) a statutory exception applies;(h) compliance would adversely affect another person’s rights;(i) the request cannot reasonably be verified where verification is legally required; or(j) another lawful limitation applies.Nothing in this Privacy Policy represents that every federal, state, local, or international privacy law applies to Provocative Media.Provocative Media may voluntarily consider a request even where no law requires it to do so.Voluntary consideration of a request does not:(a) represent that a particular law applies;(b) create a continuing legal obligation;(c) waive a legal exemption;(d) expand the individual’s rights beyond applicable law; or(e) prevent Provocative Media from handling a later request differently where permitted by law.9.3 Methods for Submitting a Privacy Request
A privacy request may be submitted using the privacy contact method identified in the Contact Us section of this Privacy Policy.The subject line should state, where applicable:Privacy RequestThe request should identify the right or action being requested, such as:(a) access;(b) correction;(c) deletion;(d) portability;(e) withdrawal of consent;(f) marketing opt-out;(g) sale or sharing opt-out;(h) targeted-advertising opt-out;(i) limitation of sensitive personal information;(j) profiling or automated-decision opt-out;(k) appeal; or(l) another applicable privacy right.Provocative Media may provide additional methods for submitting privacy requests where required by applicable law or appropriate to the manner in which it interacts with individuals.Those methods may include:(a) a Website form;(b) an email address;(c) a toll-free telephone number;(d) a preference-management tool;(e) a browser-based opt-out mechanism; or(f) another legally permitted method.An individual is not required to create an account to submit a privacy request unless account use is permitted by applicable law and reasonably necessary for the applicable request.9.4 Information to Include With a Request
Depending on the nature of the request, an individual may provide:(a) the individual’s name;(b) the email address, telephone number, or other contact information associated with the interaction;(c) the organization, Creator profile, Brand, Campaign, or business relationship involved;(d) the approximate date or period of the interaction;(e) the privacy right being exercised;(f) a reasonably clear description of the information or activity involved;(g) the preferred method for receiving a response; and(h) other information reasonably necessary to understand, locate, and process the request.The individual’s state, country, or place of residence may be requested where reasonably necessary to determine which law applies.An individual should not provide:(a) Social Security numbers;(b) taxpayer identification numbers;(c) account passwords;(d) authentication codes;(e) complete banking or payment-card information;(f) government identification documents; or(g) other sensitive informationunless Provocative Media specifically requests limited information through an appropriate verification method.Provocative Media will not require information beyond what is reasonably necessary and legally permitted for the applicable request.9.5 Requests Submitted Through Another Channel
If Provocative Media receives a privacy request through a reasonable business channel other than its designated privacy-request method, Provocative Media may:(a) process the request as received;(b) forward the request to the appropriate person or system;(c) ask the requester to clarify the nature of the request; or(d) provide instructions for submitting or completing the request through the designated method.Provocative Media will not disregard an otherwise understandable privacy request solely because the requester did not use the preferred subject line or submission method, where applicable law requires the request to be recognized.9.6 Confirmation and Access Requests
An individual may request confirmation of whether Provocative Media processes personal information concerning that individual and, where applicable, access to that information.A response may include, as required or permitted by applicable law:(a) categories of personal information collected;(b) specific pieces of personal information;(c) categories of sources;(d) purposes for collection, use, or disclosure;(e) categories of recipients;(f) categories of personal information disclosed, sold, or shared, if applicable;(g) general retention information;(h) information concerning certain profiling or automated processing; and(i) other information required by applicable law.Provocative Media may provide information through:(a) a secure electronic file;(b) a written summary;(c) a table or report;(d) copies of responsive records;(e) a secure provider; or(f) another reasonably appropriate method.Provocative Media may redact, summarize, limit, or withhold information where disclosure would:(a) reveal another individual’s personal information;(b) violate another individual’s rights;(c) disclose privileged communications;(d) disclose legally protected Confidential Information;(e) expose trade secrets, proprietary business methods, internal pricing, margins, or commercial strategy;(f) compromise system security, fraud-prevention methods, credentials, or access controls;(g) interfere with an investigation or legal proceeding;(h) violate an agreement or legal obligation; or(i) otherwise be prohibited or exempt under applicable law.Where reasonably practicable, Provocative Media may provide the nonexempt portion of a record after redacting protected information.9.7 Correction Requests
An individual may request correction of personal information that the individual reasonably believes is inaccurate or incomplete.A correction request should identify:(a) the information believed to be inaccurate or incomplete;(b) the requested correction;(c) the reason for the requested correction; and(d) supporting information where reasonably necessary.When evaluating a correction request, Provocative Media may consider:(a) the nature of the information;(b) the purpose for which it is maintained;(c) the source of the information;(d) the reliability of available documentation;(e) the circumstances surrounding its collection;(f) whether the record is historical;(g) whether the requested change would make the record misleading; and(h) the totality of the circumstances.Provocative Media may correct information by:(a) replacing inaccurate information;(b) supplementing incomplete information;(c) annotating the record;(d) linking a correction to the original record;(e) deleting inaccurate information; or(f) using another reasonable method.Provocative Media is not required to replace:(a) a legitimate opinion;(b) a subjective evaluation;(c) an internal business judgment;(d) a lawful inference;(e) a historically accurate record of what was communicated or decided; or(f) a genuinely disputed statementwith the requester’s preferred characterization merely because the requester disagrees with it.This limitation does not permit Provocative Media to characterize objectively inaccurate factual information as an opinion to avoid a legally valid correction request.Where required by applicable law, Provocative Media may notify applicable service providers, contractors, or recipients of a completed correction.9.8 Deletion Requests
An individual may request deletion of personal information maintained by Provocative Media.Where required by applicable law, Provocative Media may:(a) permanently delete the information;(b) deidentify or anonymize it;(c) aggregate it;(d) restrict it from further active use;(e) redact identifiable portions;(f) remove it from active systems; or(g) use another legally permitted method to satisfy the request.Where required, Provocative Media may also instruct service providers or contractors processing the information on its behalf to delete or restrict the applicable information.Deletion may be denied, limited, or delayed where retention is reasonably necessary or permitted to:(a) complete a transaction requested by the individual;(b) provide a Service or perform an activity reasonably anticipated by the individual within an active relationship;(c) perform, administer, or enforce a contract;(d) process or document payment;(e) maintain tax, accounting, insurance, audit, or transaction records;(f) administer continuing Campaign rights or obligations;(g) document usage rights, paid-advertising permissions, whitelisting, exclusivity, approvals, or releases;(h) detect, investigate, prevent, or respond to fraud, spam, impersonation, abuse, circumvention, security incidents, or unlawful conduct;(i) maintain system security and integrity;(j) preserve evidence of material communications, instructions, approvals, permissions, or transactions;(k) comply with applicable law, legal process, or regulatory requirements;(l) comply with a legal hold;(m) establish, exercise, preserve, or defend legal claims;(n) exercise or protect another person’s rights;(o) protect Confidential Information, intellectual property, or other legal rights;(p) maintain legally privileged or protected records;(q) maintain a limited suppression record necessary to honor an opt-out or deletion request;(r) complete an internal use reasonably aligned with the individual’s reasonable expectations and permitted by applicable law; or(s) rely on another exception available under applicable law.A general desire to preserve information for an undefined possible future opportunity will not, by itself, justify indefinite retention.Deletion from active systems may not result in immediate deletion from backups or archives. Backup treatment is described in Article 7.9.9 Copies and Data Portability
Where applicable law provides a data-portability right, an individual may request a copy of eligible personal information in a portable, commonly used, and reasonably usable format.Where required and technically feasible, the information may be transmitted:(a) directly to the individual;(b) to an authorized agent; or(c) to another organization designated by the individual.Provocative Media is not required to:(a) create personal information that does not already exist;(b) create an inference, analysis, or document solely for the request;(c) disclose passwords, authentication credentials, security questions, or unrestricted account information;(d) disclose complete financial-account information in an insecure manner;(e) disclose another person’s personal information;(f) disclose privileged or legally protected information;(g) disclose trade secrets, internal pricing, confidential business methods, or proprietary assessments;(h) provide information in a format that creates an unreasonable security risk; or(i) provide information that is exempt under applicable law.Provocative Media may select a reasonably secure format where more than one format would satisfy the applicable requirement.9.10 Withdrawal of Consent, Objection, and Restriction
Where Provocative Media relies on consent to process personal information, an individual may withdraw that consent as permitted by applicable law.Withdrawal of consent:(a) applies prospectively;(b) does not affect processing lawfully completed before withdrawal;(c) does not require deletion where another lawful basis permits retention or processing;(d) does not affect a legal or contractual obligation that continues independently of consent; and(e) may affect Provocative Media’s ability to provide a requested Service or complete a transaction where the information is reasonably necessary for that purpose.Where applicable law provides a right to object to or restrict certain processing, the individual may identify:(a) the processing activity involved;(b) the grounds for the objection or restriction; and(c) the result requested.Provocative Media may continue processing where legally permitted, including where processing is reasonably necessary to:(a) perform a contract;(b) comply with law;(c) establish, exercise, or defend legal claims;(d) protect security or prevent fraud;(e) protect another person’s rights; or(f) satisfy another lawful basis that overrides the objection or restriction.9.11 Marketing Choices
An individual may request that Provocative Media stop sending promotional marketing communications by:(a) using an unsubscribe method included in the communication;(b) replying with an opt-out request where the communication permits that method; or(c) contacting Provocative Media through the privacy contact method identified in this Privacy Policy.For an email-marketing opt-out, Provocative Media will not require:(a) payment of a fee;(b) creation of an account;(c) information beyond what is reasonably necessary to identify the applicable email address; or(d) completion of an unnecessarily complicated process.Provocative Media will honor valid marketing opt-out requests within the period required by applicable law.
A marketing opt-out does not prevent communications reasonably necessary to:(a) respond to an inquiry initiated by the individual;(b) administer an active Campaign or agreement;(c) process or document payment;(d) provide security, fraud, legal, or compliance notices;(e) communicate material changes to an active relationship;(f) complete a requested transaction; or(g) provide another non-promotional communication permitted by law.Submitting a general Website inquiry does not automatically enroll an individual in an unrelated promotional mailing list.Provocative Media may retain a limited suppression record necessary to prevent future promotional communications to an opted-out address.9.12 Sale, Sharing, Targeted Advertising, and Profiling Requests
Provocative Media’s current practices concerning sale, sharing, targeted advertising, profiling, and universal opt-out signals are described in Article 5.Provocative Media does not currently:(a) sell personal information;(b) share personal information for cross-context behavioral advertising;(c) process Website personal information for targeted advertising; or(d) engage in qualifying profiling that produces legal or similarly significant effects.Where an applicable opt-out right exists, Provocative Media will not require a requester to complete an identity-verification process where applicable law prohibits verification.Provocative Media may request only information reasonably necessary to:(a) understand the request;(b) identify the browser, device, email address, record, or processing activity to which the request applies;(c) implement the requested preference; and(d) prevent a fraudulent request where permitted by law.Where Provocative Media can honor the opt-out without collecting additional information, it will not require unnecessary additional information.An individual is not required to create an account to submit a sale, sharing, targeted-advertising, or similar opt-out request.Where applicable, Provocative Media will process legally recognized universal opt-out signals as described in Article 5.9.13 Sensitive Personal Information
Where applicable law provides a right to limit the use or disclosure of sensitive personal information, an individual may submit a request through the applicable privacy-request method.That right may apply only where Provocative Media uses or discloses sensitive personal information for purposes beyond those permitted without a limitation request under the applicable law.Provocative Media does not currently intend to use sensitive personal information to:(a) create unrelated advertising profiles;(b) infer characteristics for unrelated commercial purposes;(c) conduct unrelated behavioral advertising;(d) sell sensitive personal information; or(e) share sensitive personal information for cross-context behavioral advertising.Where no processing subject to a limitation right occurs, Provocative Media may respond by confirming that there is no applicable activity to limit.Verification will not be required for a limitation request where applicable law prohibits or does not require verification.9.14 Verification of Access, Correction, Deletion, and Portability Requests
Provocative Media may take reasonable, proportionate, and risk-based steps to verify requests that involve:(a) access to personal information;(b) disclosure of specific pieces of personal information;(c) correction;(d) deletion;(e) portability; or(f) another action for which verification is permitted or required.Verification may be used to determine that:(a) the requester is the individual to whom the personal information relates;(b) the requester is authorized to act for that individual; and(c) the responsive records relate to the requester.The verification process may vary based on:(a) the type of request;(b) the sensitivity of the information;(c) the risk of unauthorized access, alteration, or deletion;(d) whether the individual has an account;(e) the information already maintained by Provocative Media;(f) the nature of the relationship; and(g) applicable law.Verification may include:(a) confirming control of an associated email address;(b) matching limited information provided by the requester with existing records;(c) confirming information concerning the applicable interaction or Campaign;(d) asking the individual to confirm the request through another established communication channel;(e) requesting signed authorization where an agent is involved; or(f) using another reasonable verification method.Provocative Media will not request more verification information than is reasonably necessary and legally permitted.Information collected solely for verification will be:(a) used only for verification, security, fraud prevention, request administration, and required recordkeeping;(b) protected according to the nature of the information; and(c) deleted as soon as reasonably practicable after the request is completed, except to the extent retention is required or permitted for request records.9.15 Requests That Cannot Be Verified
Where verification is legally required and Provocative Media cannot reasonably verify the requester’s identity or authority, Provocative Media may:(a) deny the request;(b) limit the response to less sensitive information;(c) provide information only at a category level;(d) ask for additional reasonable verification information;(e) treat a deletion request as an opt-out or restriction request where permitted; or(f) provide another response permitted by applicable law.Provocative Media will not disclose specific personal information where it cannot verify the requester to the degree required by applicable law and the sensitivity of the information.Where required, Provocative Media will explain:(a) that verification was unsuccessful;(b) the general reason verification could not be completed;(c) whether additional information may resolve the issue; and(d) any available appeal or alternative process.9.16 Authorized Agents and Representatives
Where applicable law permits an authorized agent to submit a privacy request, the agent may use the same contact method available to the individual.Depending on the request and applicable law, Provocative Media may require:(a) signed written authorization from the individual;(b) reasonable evidence of the agent’s identity;(c) reasonable evidence that the agent is authorized to submit the particular request;(d) direct verification of the individual’s identity where permitted;(e) direct confirmation that the individual authorized the agent; or(f) a valid power of attorney or other legally recognized authority.Provocative Media will not require:(a) a power of attorney where applicable law does not permit that requirement;(b) the individual to resubmit the request in the individual’s own capacity;(c) direct confirmation where applicable law prohibits it;(d) notarization unless legally permitted and reasonably necessary; or(e) verification beyond what applicable law allows.A valid power of attorney or other legally recognized authority will be handled according to applicable law.An agent request may be denied or limited where:(a) adequate authorization is not provided;(b) the request exceeds the agent’s authority;(c) the agent’s identity or authority cannot reasonably be confirmed;(d) the request appears fraudulent;(e) compliance would adversely affect another person’s rights; or(f) another legally permitted basis applies.An agent may use information obtained through the request only for the authorized request and related verification, security, or compliance purposes.9.17 Requests Concerning Information Processed for Another Organization
Provocative Media may process some personal information solely on behalf of a Brand, Creator, service provider, or other organization.Where Provocative Media acts solely as a service provider, processor, contractor, or similar entity and does not independently control the relevant information, Provocative Media may:(a) direct the requester to the organization responsible for the information;(b) forward the request to that organization where appropriate and permitted;(c) explain that the organization controls the response;(d) assist the organization as required by contract or applicable law; or(e) take another action required by applicable law.Nothing in this Section prevents Provocative Media from processing a request concerning information for which Provocative Media independently determines the purposes and means of processing.9.18 Acknowledgment and Response Timing
Provocative Media will acknowledge and respond to privacy requests within the periods required by applicable law.The applicable period may depend on:(a) the individual’s jurisdiction;(b) the type of request;(c) whether verification is required;(d) whether additional clarification is needed;(e) whether an appeal has been submitted; and(f) another legally relevant circumstance.Where the California Consumer Privacy Act applies to an access, correction, or deletion request, Provocative Media will follow the applicable acknowledgment and response periods required by that law.Where applicable law permits an extension, Provocative Media may extend the response period because of:(a) the complexity of the request;(b) the number of pending requests;(c) the volume or location of responsive records;(d) the need to consult service providers or other parties;(e) verification issues;(f) technical difficulties; or(g) another legally permitted reason.Where required, Provocative Media will notify the requester of:(a) the extension;(b) the reason for the extension; and(c) the expected response date.The applicable response period generally begins when the request is received, unless applicable law provides otherwise.Responses may be delivered electronically unless another method is required by law or reasonably necessary for security or accessibility.9.19 Fees
Provocative Media generally does not charge a fee for processing a privacy request.Provocative Media will not charge a fee where applicable law requires the request to be processed without charge.Where applicable law permits, Provocative Media may:(a) charge a reasonable fee;(b) require advance payment of the permitted fee; or(c) decline to actwhere a request is manifestly unfounded, excessive, repetitive, or exceeds the number of requests required to be processed without charge.Before charging a fee, Provocative Media will provide any notice or explanation required by applicable law.No fee will be charged merely because a request requires ordinary verification or administrative processing.9.20 Requests That May Be Denied, Limited, or Clarified
Provocative Media may deny, limit, delay, or request clarification of a privacy request where:(a) the requester’s identity or authority cannot reasonably be verified where verification is permitted or required;(b) the request appears fraudulent, deceptive, malicious, or abusive;(c) the request is manifestly unfounded or excessive and applicable law permits denial;(d) the request is repetitive beyond what applicable law requires;(e) the request does not reasonably identify the right or information involved;(f) Provocative Media does not possess, maintain, control, or process the requested information;(g) the request concerns information processed solely on behalf of another organization;(h) the information is legally exempt or excluded;(i) compliance would adversely affect another person’s rights, privacy, or safety;(j) compliance would disclose privileged information;(k) compliance would disclose trade secrets or protected commercial information;(l) compliance would create an unreasonable security or fraud risk;(m) retention or processing is required or permitted by applicable law;(n) the information is reasonably necessary to perform or enforce a contract;(o) the information is reasonably necessary to establish, exercise, or defend legal claims;(p) compliance is impossible or would require disproportionate effort under a standard recognized by applicable law;(q) the request conflicts with a legal hold or legally permitted recordkeeping obligation; or(r) another exception or limitation applies.Provocative Media will not deny a request merely because compliance is inconvenient or requires ordinary administrative effort.Where only part of a request is exempt, Provocative Media may provide or complete the nonexempt portion where reasonably practicable.Where required by applicable law, a denial or limitation will explain:(a) the request or portion denied;(b) the general basis for the decision;(c) any available alternative;(d) how to submit an appeal; and(e) any right to contact a regulator or authority.9.21 Appeals
Where applicable law provides a right to appeal the denial of a privacy request, an appeal may be submitted through the privacy contact method identified in this Privacy Policy.The subject line should state:Privacy Request AppealThe appeal should include:(a) the requester’s name;(b) the approximate date of the original request;(c) the type of request;(d) the date of Provocative Media’s decision;(e) the reason the requester believes the decision should be reconsidered; and(f) any additional supporting information.Provocative Media will review the appeal through a process appropriate to the request and will respond within the period required by applicable law.Where required, a denied appeal response will explain how the requester may contact the applicable attorney general, privacy authority, data-protection authority, or other regulator.Submitting an appeal does not require the requester to provide sensitive information unrelated to the appeal.9.22 Complaints to Privacy or Data-Protection Authorities
Where applicable law provides that right, an individual may submit a complaint to the privacy, consumer-protection, or data-protection authority responsible for the individual’s jurisdiction.An individual may contact Provocative Media before filing a complaint, but doing so is not required where applicable law provides a direct right to complain to an authority.Nothing in this Privacy Policy limits a legally protected right to communicate with or file a complaint before a governmental or regulatory authority.9.23 No Unlawful Discrimination or Retaliation
Provocative Media will not unlawfully discriminate or retaliate against an individual for exercising a privacy right granted by applicable law.Subject to applicable law, Provocative Media will not, solely because an individual exercised a privacy right:(a) deny Services;(b) charge a different price or rate;(c) provide a different level or quality of Service;(d) reduce Creator compensation;(e) increase a Campaign price;(f) retaliate against the individual;(g) threaten the individual; or(h) make another unlawful adverse decision.This Section does not prevent Provocative Media from:(a) declining or limiting a Service that cannot reasonably or lawfully be provided without the requested information;(b) complying with a valid contract;(c) maintaining information that applicable law permits or requires it to retain;(d) making an independent lawful business decision unrelated to the exercise of the privacy right;(e) offering a lawful financial incentive accompanied by all required notices and consents; or(f) taking another action permitted by applicable law.A practical limitation resulting from the lawful deletion or restriction of information does not, by itself, constitute unlawful discrimination.9.24 Records of Privacy Requests
Provocative Media may retain records concerning:(a) privacy requests;(b) request dates;(c) request categories;(d) verification steps;(e) authorized-agent documentation;(f) responses;(g) denials or limitations;(h) appeals;(i) opt-outs and suppression preferences;(j) complaints; and(k) related communications.These records may be retained for the period reasonably necessary to:
(a) process and document the request;(b) demonstrate compliance;(c) continue honoring an opt-out or preference;(d) prevent fraud;(e) respond to complaints, audits, or regulatory inquiries;(f) identify repetitive or abusive requests where legally permitted; and(g) establish, exercise, or defend legal rights.Where the CCPA applies, request-and-response records will be retained for at least the period required by applicable regulations.Information maintained solely for request administration will not be used for unrelated marketing or commercial purposes.Provocative Media may retain a limited suppression record after completing a deletion request where that record is reasonably necessary to ensure that the deleted information is not unintentionally collected again or used contrary to the individual’s request.9.25 Relationship to Other Sections
This Article should be read together with:(a) Article 5 concerning sale, sharing, targeted advertising, profiling, and universal opt-out signals;(b) Article 6 concerning cookies and similar technologies;(c) Article 7 concerning retention and deletion;(d) Article 8 concerning security; and(e) the Contact Us section concerning privacy communications.Where a specific right or procedure is addressed more specifically in another Article, the more specific provision applies to that subject, subject to applicable law.9.26 Rights Subject to Applicable Law
Nothing in this Privacy Policy:(a) waives or restricts a privacy right that cannot lawfully be waived or restricted;(b) requires Provocative Media to provide a right that applicable law does not grant;(c) requires disclosure of legally privileged or protected information;(d) requires disclosure of another person’s personal information;(e) requires Provocative Media to compromise system security;(f) requires deletion of information that may lawfully be retained;(g) prevents Provocative Media from protecting its legal and contractual rights; or(h) prevents Provocative Media from applying an available legal exemption.Where applicable law grants a greater right or imposes a more protective procedure than this Article, Provocative Media will follow that law to the extent it applies.
10. CHILDREN AND MINOR CREATORS
10.1 General-Audience Website
The Website and Provocative Media’s business Services are intended for:(a) Brands;(b) adult Creators;(c) media organizations;(d) vendors and contractors;(e) professional advisers;(f) parents and legal guardians acting for minor Creators; and(g) other persons participating in or evaluating legitimate business relationships.The Website is a general-audience business Website. It is not directed to children under thirteen years of age.Provocative Media does not knowingly collect personal information online from children under thirteen through the Website except:(a) with legally sufficient parental notice and verifiable parental consent;(b) through a limited exception permitted by applicable law; or(c) through a parent, legal guardian, or other person lawfully authorized to act for the child.This Privacy Policy is not intended to constitute parental consent or authorization for Provocative Media to collect personal information directly from a child.10.2 Age Categories
For purposes of this Article:(a) a “Child” means an individual under thirteen years of age where that term is used under the Children’s Online Privacy Protection Act and its implementing rule;(b) a “Minor” means an individual under eighteen years of age, unless a different age of majority or protection applies under applicable law;(c) a “Minor Creator” means a Creator who has not reached the applicable age of legal adulthood; and(d) “Parent” includes a parent or legal guardian lawfully authorized to act for a Child or Minor.Legal age thresholds and protections may vary by jurisdiction.10.3 Independent Submissions by Children Under Thirteen
A Child under thirteen should not independently:(a) submit a Website form;(b) send a business inquiry;(c) provide personal contact information;(d) submit a profile or channel link;(e) upload a photograph, video, audio file, document, or attachment;(f) enroll in a mailing list;(g) participate in material business negotiations;(h) provide payment, tax, identity, or contractual information; or(i) otherwise submit personal information through the Website or another online communication channel.A Parent seeking to discuss an opportunity involving a Child should initiate or supervise the communication and clearly identify:(a) the Parent’s name;(b) the Parent’s relationship to the Child;(c) the Parent’s contact information; and(d) the fact that the proposed Creator or participant is under thirteen.A Child may participate in a parent-supervised communication where Provocative Media has determined that the participation is appropriate and legally permitted.10.4 Unsolicited Communications From a Child
If Provocative Media receives an unsolicited communication that appears to have been submitted by a Child under thirteen, Provocative Media may, as permitted by applicable law:(a) use the Child’s online contact information solely to respond once to the specific request;(b) ask the Child to have a Parent contact Provocative Media;(c) collect limited Parent contact information solely to provide notice or obtain any legally required consent;(d) avoid combining the information with other information concerning the Child;(e) avoid using the information for marketing or unrelated business purposes;(f) restrict access to the communication; and(g) promptly delete the Child’s contact information after the permitted response or applicable purpose is complete.Provocative Media will not use a narrow legal exception to establish an ongoing business relationship or repeatedly communicate with a Child where parental notice or consent is legally required.10.5 Discovery of Unauthorized Child Information
If Provocative Media learns that it has collected personal information online from a Child under thirteen without legally sufficient parental notice and consent or another lawful basis, Provocative Media will take reasonable steps appropriate to the circumstances to:(a) stop any unauthorized use or disclosure;(b) restrict access to the information;(c) identify the systems and providers holding the information;(d) determine how the information was collected;(e) contact a Parent where appropriate and legally permitted;(f) obtain legally sufficient consent where continued processing is proposed and permitted;(g) direct applicable service providers to delete or restrict the information where required; and(h) securely delete the information when continued retention is not legally permitted or reasonably necessary.Provocative Media may retain a limited record where reasonably necessary to:(a) document the incident and response;(b) prevent repeated unauthorized submissions;(c) investigate fraud or age misrepresentation;(d) protect the Child or another person;(e) comply with a legal hold or other legal obligation; or(f) establish, exercise, or defend legal rights.Any retained record will be limited to information reasonably necessary for the applicable purpose and will not be used to market to or develop an unrelated commercial profile concerning the Child.10.6 Parental Notice and Verifiable Consent
If Provocative Media proposes to knowingly collect personal information online from a Child under thirteen in circumstances requiring parental consent, Provocative Media will, before the applicable collection, use, or disclosure:(a) provide the Parent with a clear and understandable direct notice;(b) describe the personal information to be collected;(c) describe how the information will be used;(d) describe the categories or identities of recipients to whom the information may be disclosed;(e) explain the Parent’s available rights;(f) identify the applicable retention period or deletion trigger;(g) obtain verifiable parental consent through a method reasonably calculated to confirm that the person providing consent is the Child’s Parent; and(h) take any other steps required by applicable law.Where required, Provocative Media will permit the Parent to consent to collection and internal use without consenting to disclosure to third parties that is not integral to the applicable service or activity.Consent to one Campaign, purpose, disclosure, or category of information does not automatically constitute consent to:(a) another Campaign;(b) materially different information collection;(c) a materially different use;(d) a new category of recipient;(e) public disclosure;(f) unrelated marketing; or(g) another materially different activity.Provocative Media may request new parental consent where collection, use, disclosure, or circumstances materially change.10.7 Limited Exceptions to Prior Parental Consent
Applicable law may permit limited collection without prior verifiable parental consent in narrowly defined circumstances, including where information is used solely to:(a) provide notice and obtain parental consent;(b) respond once to a Child’s specific request;(c) provide repeated responses after legally sufficient notice to a Parent;(d) protect the safety of a Child;(e) protect the security or integrity of the Website;(f) respond to legal process or a public-safety matter; or(g) perform another purpose expressly permitted by applicable law.Where Provocative Media relies on an exception:(a) the information will be limited to what the exception permits;(b) the information will not be used for an unrelated purpose;(c) disclosure will be limited as required;(d) any required parental notice will be provided; and(e) the information will be deleted when the permitted purpose is complete.10.8 Parental Rights
Where applicable law provides parental rights concerning personal information collected online from a Child, a verified Parent may request:(a) a description of the types or categories of personal information collected from the Child;(b) access to personal information collected from the Child;(c) correction of inaccurate information where applicable;(d) deletion of the Child’s personal information;(e) cessation of further use of the information;(f) cessation of future online collection from the Child;(g) withdrawal of parental consent; and(h) information concerning the persons or categories of recipients to whom the information has been disclosed.A Parent may submit a request through the method identified in the Contact Us section of this Privacy Policy.The subject line should state:Child Privacy RequestProvocative Media may use a reasonable method to verify:(a) the Parent’s identity;(b) the Parent’s relationship to the Child; and(c) the Parent’s legal authority to exercise rights concerning the Child.The verification process will not be made unduly burdensome and should not require unnecessary sensitive information.A request should not include unnecessary copies of:(a) Social Security cards;(b) complete financial information;(c) passwords or authentication credentials;(d) complete government identification records; or(e) other sensitive information not specifically requested through an appropriate process.10.9 Data Minimization for Children
Provocative Media will not knowingly require a Child to disclose more personal information than is reasonably necessary to participate in an authorized activity.Where information concerning a Child is collected, Provocative Media will seek to limit the information to what is reasonably necessary for the specific:(a) inquiry;(b) consent process;(c) Campaign;(d) contract;(e) payment;(f) tax requirement;(g) safety requirement;(h) legal requirement; or(i) other disclosed purpose.Where reasonably practicable, Provocative Media may use:(a) an age range rather than a complete date of birth;(b) Parent contact information rather than direct Child contact information;(c) public Creator or stage names rather than unnecessary legal information;(d) verification results rather than copies of identification documents;(e) masked or limited financial information; and(f) other methods designed to reduce unnecessary collection.10.10 Retention of Children’s Information
Personal information collected online from a Child will not be retained indefinitely.Such information will be retained only for as long as reasonably necessary to fulfill the specific purpose for which it was collected and any legally permitted related purpose.When the information is no longer reasonably necessary, Provocative Media will take reasonable measures to delete it securely.Depending on the circumstances:(a) unsolicited Child contact information may be deleted promptly after an authorized one-time response;(b) contact information collected solely to obtain parental consent may be deleted if consent is not received within a reasonable period;(c) information collected for an authorized Campaign may be retained for the applicable Campaign, payment, rights-management, legal, and recordkeeping period disclosed to the Parent;(d) parental-consent and authorization records may be retained as reasonably necessary to document lawful processing; and(e) limited suppression, security, fraud, or legal records may be retained where permitted by law.Before commencing an activity that knowingly collects personal information online from Children under thirteen, Provocative Media will establish any more specific written child-data retention schedule and public disclosure required by applicable law.10.11 Security of Children’s Information
Personal information concerning Children and Minor Creators will be subject to the safeguards described in Article 8 and any additional safeguards required by applicable law.Before knowingly permitting a service provider or other recipient to collect or maintain personal information online from a Child on Provocative Media’s behalf, or before disclosing such information to that recipient, Provocative Media will take reasonable steps required by applicable law concerning the recipient’s ability to protect the information.Where required, Provocative Media will obtain appropriate written assurances concerning:(a) confidentiality;(b) security;(c) integrity;(d) permitted use;(e) further disclosure;(f) incident notification;(g) retention; and(h) deletion.If Provocative Media begins knowingly collecting personal information online from Children under thirteen in a manner subject to COPPA, it will establish and maintain the child-specific written information-security program required by applicable law.10.12 Minor Creators Between Thirteen and Seventeen
If Provocative Media knows that a Creator is at least thirteen but under eighteen, Provocative Media will require appropriate Parent involvement before entering into a representation arrangement, Campaign commitment, release, license, or other material commercial agreement involving the Minor Creator.The Parent should:(a) identify themselves as the Minor Creator’s Parent or legal guardian;(b) provide reliable contact information;(c) confirm the Minor Creator’s age;(d) participate in material communications and negotiations;(e) review the proposed Campaign and business terms;(f) review compensation, Deliverables, usage rights, exclusivity, travel, and other material obligations;(g) provide or execute required permissions and authorizations;(h) participate in payment and tax arrangements where required; and(i) remain reasonably available during the applicable relationship or Campaign.Provocative Media may decline, pause, suspend, or discontinue an inquiry or opportunity involving a Minor Creator where satisfactory Parent involvement, authority, documentation, or legal compliance cannot be established.10.13 Information Concerning Minor Creators
Information concerning a Minor Creator may include:(a) the Minor Creator’s name or professional name;(b) age or date-of-birth information where reasonably necessary;(c) Parent contact and authority information;(d) public profile, channel, show, publication, or media-brand information;(e) photographs, audio, video, content, or submitted materials;(f) audience and performance information;(g) Platform and content-category information;(h) Campaign availability and scheduling information;(i) communications and approvals;(j) agreements, releases, and consent records;(k) compensation, payment, and tax information collected through an appropriate process;(l) travel, event, safety, or accommodation information where necessary; and(m) other information reasonably necessary to evaluate or administer the relationship.Provocative Media will seek to avoid collecting sensitive information concerning a Minor Creator unless the information is reasonably necessary, requested through an appropriate process, and lawfully authorized.10.14 Agreements and Commercial Participation
A Parent’s participation or signature may not, by itself, satisfy every legal requirement applicable to a Minor Creator.A representation arrangement, Campaign, appearance, release, license, payment arrangement, or other commercial activity involving a Minor Creator may require:(a) execution or approval by a Parent;(b) execution or acknowledgment by the Minor Creator where appropriate;(c) verification of identity, age, and authority;(d) separate releases, permissions, and consents;(e) court approval;(f) work permits;(g) trust or blocked-account arrangements;(h) education or working-hour compliance;(i) tax documentation;(j) insurance;(k) Brand or Platform approval; and(l) other protections required by the law governing the Minor Creator or activity.This Privacy Policy does not:(a) authorize a Minor Creator to enter into a contract;(b) establish that a proposed agreement is enforceable;(c) substitute for legally required parental consent;(d) substitute for child-performer, employment, trust-account, permit, or court-approval requirements; or(e) require Provocative Media to accept a Campaign involving a Minor Creator.10.15 Communications With Minor Creators
Provocative Media may require a Parent to be included in communications concerning a Minor Creator.
Provocative Media will not knowingly conduct material commercial negotiations solely and privately with a Minor Creator.Communications concerning the following should include or be approved by the Parent unless another arrangement is lawfully authorized and accepted by Provocative Media:(a) representation;(b) Campaign participation;(c) compensation;(d) Deliverables;(e) submission and publication dates;(f) revisions;(g) usage rights;(h) paid advertising or whitelisting;(i) Creator name, image, likeness, voice, or identity rights;(j) exclusivity;(k) travel or event participation;(l) payment and tax matters;(m) agreements and amendments;(n) disputes; and(o) termination or cancellation.Routine scheduling or production communications may occur with a Minor Creator where appropriate, but Provocative Media may require the Parent to be copied, included, or otherwise informed.10.16 Information Submitted by Brands, Managers, and Other Persons
A Brand, manager, agent, producer, team member, vendor, referral partner, or other person submitting information concerning a Child or Minor Creator is responsible for ensuring that:(a) the disclosure is lawful;(b) the information is reasonably necessary;(c) required notices have been provided;(d) required parental permission has been obtained;(e) the information is accurate to the best of the person’s knowledge; and(f) the person does not misrepresent their authority.A manager, agent, Brand representative, producer, or team member does not automatically possess authority to:(a) provide parental consent;(b) exercise parental privacy rights;(c) bind the Child or Minor Creator;(d) execute a release for the Minor Creator;(e) authorize commercial use of the Minor Creator’s identity; or(f) receive sensitive information concerning the Minor Creator.Provocative Media may require direct confirmation, documentation, or authorization from a Parent regardless of information supplied by another person.10.17 Public Information Concerning Minors
Provocative Media may review lawfully available public information concerning a potential Minor Creator, including:(a) public Creator profiles;(b) public channels and publications;(c) publicly available content;(d) public audience and performance information;(e) public sponsorship history; and(f) public professional materials.Public availability does not, by itself:(a) establish the individual’s age;(b) establish parental consent;(c) authorize direct contact with a Child;(d) authorize collection of additional information;(e) authorize commercial use of the Minor’s identity or content;(f) authorize a Campaign or contract;(g) eliminate applicable Platform restrictions; or(h) eliminate legal, safety, privacy, or child-performer requirements.Provocative Media may decline or discontinue evaluation where the individual appears to be a Minor and appropriate Parent participation cannot be confirmed.10.18 Age and Authority Information
Individuals must provide accurate information concerning age, identity, and authority when that information is relevant to an inquiry or business relationship.A person must not:(a) falsely represent that a Child is thirteen or older;(b) falsely represent that a Minor is eighteen or older;(c) impersonate a Parent or legal guardian;(d) provide false or altered parental authorization;(e) conceal that an opportunity involves a Minor;(f) misrepresent authority to act for a Minor; or(g) otherwise attempt to avoid age-related safeguards.Provocative Media may:(a) request reasonable age or authority confirmation;(b) pause communications;(c) restrict access;(d) decline or cancel an opportunity;(e) terminate a relationship as permitted by applicable agreements and law;(f) preserve evidence of suspected misrepresentation; and(g) take other appropriate actionwhere age, identity, authority, or consent information appears inaccurate, incomplete, deceptive, or unverifiable.10.19 Age-Assurance and Verification Technologies
Provocative Media does not currently represent that it uses a general age-verification service on the Website.If Provocative Media later uses an age-assurance or age-verification process, it will seek to limit information collected through that process to what is reasonably necessary to determine age or eligibility.Where required or appropriate, Provocative Media will:(a) provide clear notice regarding the information collected;(b) avoid using age-verification information for unrelated purposes;(c) limit disclosure to appropriate providers;(d) evaluate the provider’s ability to protect the information;(e) use reasonable safeguards;(f) retain the information only as long as necessary for the verification purpose; and(g) delete the information promptly after that purpose is complete, except where limited retention is legally permitted or required.10.20 Withdrawal or Change of Parental Authority
A Parent, representative, or Minor Creator should promptly notify Provocative Media if:(a) previously supplied age information was inaccurate;(b) the Parent’s identity or authority changes;(c) a custody, guardianship, or authority dispute arises;(d) parental consent or authorization is withdrawn;(e) the Minor reaches the age of legal adulthood;(f) another representative is appointed; or(g) another circumstance affects lawful collection, use, disclosure, or participation.Withdrawal of consent or authority may require Provocative Media to:(a) stop future collection or use;(b) restrict communications;(c) delete information where required;(d) suspend or cancel an opportunity;(e) modify payment or contracting procedures; or(f) take another legally appropriate action.Withdrawal does not necessarily require deletion of information that Provocative Media may lawfully retain to:(a) document prior consent;(b) complete an existing legal obligation;(c) maintain payment or tax records;(d) administer previously granted rights;(e) comply with a legal hold;(f) protect another person’s rights; or(g) establish, exercise, or defend legal claims.10.21 Sale, Advertising, and Profiling
Provocative Media does not knowingly:(a) sell personal information concerning Children or Minor Creators;(b) share such information for cross-context behavioral advertising;(c) process such information for targeted advertising based on activity across unrelated websites or services; or(d) use sensitive information concerning a Child or Minor Creator to infer characteristics for unrelated advertising purposes.Additional information concerning sale, sharing, targeted advertising, profiling, and universal opt-out mechanisms appears in Article 5.If these practices change, Provocative Media will implement any age-specific notice, consent, authorization, opt-out, or other safeguard required by applicable law before or when the practice begins.10.22 Other Jurisdictions and Additional Protections
Federal law is not the only law that may apply to information concerning Children and Minor Creators.Depending on the individual, location, Website activity, and Campaign, additional state, local, or international requirements may apply concerning:(a) age of consent;(b) youth privacy;(c) targeted advertising;(d) profiling;(e) parental rights;(f) child performers;(g) employment;(h) education;(i) work permits;(j) earnings or trust accounts;(k) contracts;(l) publicity rights;(m) content removal; and(n) other protections.Provocative Media will apply additional protections to the extent required by applicable law.Nothing in this Privacy Policy represents that every youth-privacy or child-performer law applies to Provocative Media or every proposed Campaign.10.23 Future Child-Directed Services
Provocative Media does not currently operate a Website, online service, program, or feature directed to Children under thirteen.Before introducing a service directed to Children under thirteen or knowingly collecting personal information online from Children under thirteen as part of an ongoing service, Provocative Media will evaluate and implement the applicable requirements, which may include:(a) a child-specific privacy notice;(b) direct notice to Parents;(c) verifiable parental consent;(d) separate consent for certain third-party disclosures;(e) parental access and deletion procedures;(f) data-minimization controls;(g) a written child-data retention policy with deletion timeframes;(h) a written information-security program;(i) service-provider review and written assurances;(j) restrictions on advertising and profiling;(k) required Website notices and links; and(l) other protections required by applicable law.Provocative Media will update this Privacy Policy or provide a separate children’s privacy notice before or when the materially different activity begins.10.24 Contact Concerning a Child or Minor Creator
A Parent or other authorized person who believes that Provocative Media possesses personal information concerning a Child or Minor Creator may contact Provocative Media using the method identified in the Contact Us section of this Privacy Policy.The subject line should state:Child Privacy RequestThe request should include only information reasonably necessary to:(a) identify the Child or Minor Creator;(b) identify the applicable submission, profile, Campaign, or relationship;(c) explain the Parent’s or requester’s authority;(d) describe the request; and(e) permit Provocative Media to respond securely.Provocative Media may verify identity and parental or legal authority before disclosing, correcting, or deleting information concerning a Child or Minor Creator.Requests will be handled under this Article, Article 9, and applicable law.
11. MARKETING AND BUSINESS COMMUNICATIONS
11.1 Scope of This Article
This Article describes how Provocative Media may communicate with:(a) Website visitors;(b) individuals who submit inquiries;(c) potential and existing Brands;(d) potential and existing Creators;(e) vendors, contractors, and service providers;(f) referral partners;(g) professional advisers;(h) representatives of organizations; and(i) other business contacts.Communications may be delivered through:(a) email;(b) telephone calls;(c) text messages;(d) direct messages;(e) Website forms;(f) video-conferencing and scheduling platforms;(g) postal mail;(h) social-media or professional-networking Platforms; and(i) other business communication channels.The type of communication, legal requirements, and available preferences may differ by channel and jurisdiction.11.2 Communications Related to an Inquiry
When an individual submits a Creator, Brand, vendor, sponsorship, partnership, referral, contact, or other business inquiry, Provocative Media may use the contact information provided to:(a) acknowledge receipt of the inquiry;(b) answer questions or requests;(c) request additional information;(d) verify submitted information;(e) evaluate the proposed opportunity or relationship;(f) schedule calls, video conferences, meetings, or follow-up communications;(g) discuss potentially relevant Services, sponsorships, partnerships, Campaigns, or business arrangements;(h) prepare or discuss proposals, Campaign packages, and agreements;(i) communicate the status or disposition of the inquiry;(j) prevent fraud, spam, impersonation, or duplicate submissions;(k) maintain records of the communication; and(l) conduct reasonable follow-up directly related to the original inquiry.Submitting an inquiry permits Provocative Media to use the submitted contact information to respond to and administer that inquiry in a manner reasonably expected from the context.Submitting an inquiry does not, by itself, constitute consent to:(a) an unrelated recurring newsletter;(b) an unrelated general marketing list;(c) automated promotional telephone calls;(d) automated promotional text messages;(e) prerecorded or artificial-voice marketing calls;(f) disclosure of contact information to unrelated marketers; or(g) unlimited future promotional communications.11.3 Reasonably Related Follow-Up
Provocative Media may follow up concerning an opportunity reasonably related to an individual’s original inquiry or an existing or prior business relationship.In determining whether follow-up is reasonably related, Provocative Media may consider:(a) the subject of the original inquiry;(b) the Services or opportunities requested;(c) the recipient’s stated business interests;(d) the recipient’s professional role;(e) the timing of the communication;(f) the history of the relationship;(g) whether the recipient previously requested that outreach stop; and(h) applicable law.A prior inquiry does not authorize indefinite promotional outreach concerning unrelated matters.Where the relationship becomes inactive, declined, or concluded, Provocative Media may limit future contact to:(a) specifically relevant opportunities;(b) necessary recordkeeping or legal communications;(c) communications requested by the recipient; and(d) promotional outreach otherwise permitted by applicable law.11.4 No Automatic Newsletter or Marketing-List Enrollment
Submitting a Website form, providing a business card, sending a direct inquiry, participating in a meeting, or providing contact information does not automatically enroll an individual in an unrelated:(a) newsletter;(b) recurring promotional mailing list;(c) automated marketing program;(d) text-message marketing program; or(e) telephone-marketing program.If Provocative Media later offers a newsletter or other recurring promotional communication, enrollment may occur through:(a) a separate sign-up form;(b) a clearly labeled checkbox or selection;(c) an express request from the individual;(d) a legally permitted existing-relationship process; or(e) another legally sufficient method.Where applicable law requires consent, consent to promotional communications will be requested separately from information or consent reasonably necessary to submit an inquiry, receive requested information, enter into an agreement, or administer a Campaign.A promotional-consent option will not be preselected where affirmative consent is legally required.11.5 One-to-One Business Outreach
Provocative Media may send individualized business outreach to a professional or organizational contact where permitted by applicable law and reasonably relevant to the recipient’s apparent professional role or business interests.Such outreach may be based on:(a) a prior inquiry;(b) an existing or former business relationship;(c) a referral;(d) a professional introduction;(e) publicly available business-contact information;(f) a public Creator, Brand, vendor, or professional profile;(g) attendance at an industry event; or(h) another legitimate business context.Individualized outreach may concern:(a) a potential sponsorship;(b) a possible Brand-Creator match;(c) Provocative Media’s Services;(d) a vendor or contractor opportunity;(e) a referral relationship;(f) an event or industry opportunity; or(g) another reasonably relevant commercial matter.Provocative Media will not treat publicly available contact information as permission for unlimited, deceptive, harassing, or legally prohibited outreach.A recipient may request that nonessential business-development or promotional outreach stop.11.6 Promotional Communications
Provocative Media may send promotional or informational business communications where permitted by applicable law.Those communications may concern:(a) Provocative Media’s Services;(b) sponsorship or partnership opportunities;(c) Creator opportunities;(d) Brand opportunities;(e) company news and announcements;(f) events, programs, publications, or business resources;(g) Website features;(h) relevant industry information; and(i) other matters reasonably related to the recipient’s business interests or relationship with Provocative Media.Provocative Media will not disguise a promotional communication as:(a) a response to an inquiry;(b) a payment notice;(c) a contract notice;(d) a security warning;(e) a legal notice;(f) an account or Campaign update; or(g) another non-promotional communicationwhere that characterization would be false or misleading.11.7 Transactional, Operational, and Relationship Communications
Even after an individual opts out of promotional communications, Provocative Media may continue to send communications reasonably necessary to:(a) respond to an active inquiry;(b) provide information specifically requested by the individual;(c) negotiate, execute, administer, or perform an agreement;(d) coordinate an active or pending Campaign;(e) administer Deliverables, approvals, revisions, publication, reporting, payments, usage rights, whitelisting, or exclusivity;(f) provide billing, payment, tax, or accounting information;(g) provide security, fraud-prevention, privacy, legal, or compliance notices;(h) confirm a transaction, instruction, authorization, or appointment;(i) communicate a material change affecting an active relationship;(j) enforce or protect contractual or legal rights;(k) respond to a complaint or dispute; or(l) comply with applicable law.A promotional opt-out does not prevent a communication that is reasonably necessary to complete a requested transaction, perform an agreement, protect security, administer a Campaign, or comply with law.Provocative Media will not add promotional material to an operational communication in a manner designed to evade an applicable marketing opt-out or commercial-message requirement.11.8 Mixed-Content Email
An email may contain both:(a) transactional, operational, or relationship content; and(b) promotional or commercial content.The legal classification of a mixed-content email may depend on:(a) its subject line;(b) the placement and prominence of its content;(c) its apparent primary purpose;(d) the recipient’s reasonable interpretation; and(e) applicable law.Provocative Media will not assume that an email is exempt from commercial-email requirements merely because it includes some operational or relationship information.Where a mixed-content email is treated as commercial email under applicable law, Provocative Media will apply the legally required commercial-email standards.11.9 Commercial Email Standards
Where applicable, commercial email sent by or on behalf of Provocative Media will be designed to:(a) use accurate sender, originating-domain, routing, and reply information;(b) identify Provocative Media or another legally responsible sender;(c) use a subject line that accurately reflects the contents of the message;(d) avoid materially false or misleading statements;(e) identify the advertising or promotional nature of the message where legally required;(f) include a valid physical postal address where legally required;(g) provide clear and conspicuous notice of how to stop future promotional email;(h) include a functioning opt-out method;(i) avoid requiring unnecessary personal information to opt out; and(j) honor valid opt-out requests within the period required by applicable law.A valid physical postal address may include an address permitted by applicable law, such as:(a) a current street address;(b) a properly registered post-office box; or(c) a properly registered private mailbox.11.10 Promotional Email Opt-Out Methods
A recipient may request that Provocative Media stop sending promotional email by:(a) using the unsubscribe link or other opt-out method included in the email;(b) replying with a clear unsubscribe request where that method is supported; or(c) using the contact method identified in the Contact Us section of this Privacy Policy.The request should identify the email address to which the opt-out applies.Where federal commercial-email law applies:(a) the opt-out mechanism will remain capable of receiving requests for at least thirty days after the applicable email is sent;(b) Provocative Media will honor a valid request within ten Business Days;(c) the recipient will not be charged a fee;(d) the recipient will not be required to provide personally identifying information beyond the email address;(e) the recipient will not be required to take steps beyond sending a reply email or visiting a single Website page as a condition of opting out; and(f) the opted-out address will not be sold or transferred except as legally permitted to a provider assisting with compliance.Provocative Media may process an opt-out sooner than the maximum legally permitted period.11.11 Effect and Scope of an Email Opt-Out
After a promotional-email opt-out is processed, Provocative Media will not knowingly send additional promotional email to the opted-out address unless:(a) the individual later makes a new express request to receive promotional email;(b) the individual otherwise provides legally sufficient renewed permission;(c) the communication is non-promotional and reasonably necessary for an active inquiry, Campaign, contract, transaction, security matter, legal obligation, or other permitted purpose; or(d) another exception applies under applicable law.An email opt-out generally applies to promotional email sent by or on behalf of Provocative Media to the applicable address.A recipient may specify a broader preference, such as:(a) no promotional email;(b) no nonessential business-development outreach;(c) no promotional contact through any channel; or(d) another clearly described preference.Provocative Media will apply the preference to the extent reasonably identifiable, technically practicable, and required by applicable law.An opt-out does not automatically control communications independently initiated by an unrelated Brand, Creator, Platform, or other third party acting under its own practices.11.12 Suppression and Preference Records
Provocative Media may retain limited records concerning:(a) email opt-outs;(b) do-not-contact requests;(c) text-message opt-outs;(d) telephone-marketing requests;(e) newsletter preferences;(f) consent withdrawals;(g) channel preferences; and(h) other communication choices.A suppression or preference record may include:(a) the applicable email address or telephone number;(b) the communication channel;(c) the scope of the preference;(d) the date and source of the request;(e) the status of the request;(f) evidence reasonably necessary to document compliance; and(g) renewed consent or preference changes.These records may be used to:(a) honor the recipient’s preference;(b) prevent accidental re-enrollment;(c) synchronize preferences with applicable providers;(d) investigate complaints;(e) document compliance; and(f) comply with applicable law.A deletion request does not ordinarily require deletion of the minimum information reasonably necessary to continue honoring a valid communication preference.Suppression information will not be used as a basis for renewed promotional outreach.11.13 Service Providers Used for Communications
Provocative Media may use:(a) email providers;(b) customer-relationship-management systems;(c) newsletter or marketing platforms;(d) automation providers;(e) scheduling providers;(f) text-message providers;(g) telephone providers;(h) postal-mail vendors; and(i) other communications providersto deliver or administer communications.Depending on the service used, those providers may process:(a) names;(b) email addresses;(c) telephone numbers;(d) organization and professional information;(e) communication preferences;(f) message content;(g) delivery and bounce information;(h) unsubscribe or suppression records;(i) interaction information where enabled and legally permitted; and(j) related technical information.Where required or reasonably appropriate, Provocative Media may instruct providers to:(a) use information only for authorized communications;(b) apply suppression lists;(c) maintain functioning opt-out methods;(d) protect contact information;(e) avoid unauthorized list use or transfer; and(f) comply with applicable legal requirements.11.14 Communications Sent by Others on Our Behalf
Provocative Media may engage a provider, contractor, agency, or other person to send communications on its behalf.Where reasonably appropriate, Provocative Media may provide instructions concerning:(a) approved recipients;(b) authorized content;(c) accurate sender identification;(d) permitted communication channels;(e) required disclosures;(f) physical-address requirements;(g) unsubscribe and revocation methods;(h) suppression records;(i) consent limitations; and(j) applicable legal requirements.Using another person to send a communication on Provocative Media’s behalf does not necessarily eliminate Provocative Media’s legal responsibility for that communication.A sender acting on behalf of Provocative Media must not knowingly send promotional communications to recipients identified on an applicable Provocative Media suppression list.
11.15 Contact Information Obtained From Public Sources or Referrals
Provocative Media may obtain professional or business-contact information from:(a) public websites;(b) public Creator or Brand profiles;(c) professional-networking Platforms;(d) business directories;(e) event or conference materials;(f) publicly available corporate records;(g) referrals; and(h) other lawful sources.Such information may be used for individualized business outreach reasonably connected to the recipient’s apparent professional role.Provocative Media will seek to avoid using:(a) personal contact information unrelated to the recipient’s business role;(b) contact information obtained through deception or circumvention;(c) information subject to a clear restriction against the proposed use;(d) contact information concerning a Child;(e) sensitive personal information; or(f) another category whose use would be unlawful or materially inconsistent with the source and context.A referral does not automatically establish that the referred person consented to recurring marketing.11.16 Purchased, Rented, and Third-Party Marketing Lists
Provocative Media does not currently maintain a general practice of purchasing or renting consumer marketing lists for Website-related promotional outreach.Before using a purchased, rented, licensed, or third-party marketing list, Provocative Media would need to evaluate matters including:(a) how the information was collected;(b) the notices provided to the individuals;(c) whether legally required consent was obtained;(d) whether the proposed use is compatible with the original collection;(e) whether applicable opt-outs and suppression requests have been honored;(f) the accuracy and age of the information;(g) restrictions imposed by applicable law;(h) restrictions imposed by the list provider; and(i) the risks associated with the proposed outreach.Receipt of a contact list from a Brand, Creator, vendor, referral partner, or other party does not by itself establish that Provocative Media may lawfully use the list for promotional communications.11.17 Email Measurement and Tracking
A communications provider may offer technologies capable of measuring:(a) delivery;(b) bounces;(c) email opens;(d) link selections;(e) device or browser information;(f) approximate location;(g) unsubscribe activity; and(h) other interactions.Provocative Media does not represent that every measurement capability described above is currently enabled.Where Provocative Media uses nonessential email-open, click-tracking, profiling, or similar technologies, it will provide any notice, consent, objection, or opt-out mechanism required by applicable law.Measurement information may be used, where permitted, to:(a) confirm delivery;(b) identify technical problems;(c) maintain list quality;(d) evaluate communication effectiveness;(e) prevent abuse; and(f) administer communication preferences.Provocative Media will not use email-measurement information for a materially different purpose without any additional notice or permission required by applicable law.11.18 Telephone Calls
If an individual provides a telephone number, Provocative Media may use the number for nonautomated communications reasonably related to:(a) the submitted inquiry;(b) a requested call or meeting;(c) an active or proposed Campaign;(d) an agreement or business relationship;(e) payment or operational administration;(f) requested support; or(g) another purpose disclosed when the number is collected.Providing a telephone number through a general inquiry form does not constitute unlimited consent to receive:(a) automated promotional calls;(b) prerecorded promotional calls;(c) artificial-voice promotional calls;(d) recurring telemarketing calls; or(e) calls unrelated to the context in which the number was provided.Provocative Media will comply with applicable consent, identification, calling-time, do-not-call, recordkeeping, and opt-out requirements before conducting telephone-marketing activities subject to those requirements.A recipient may request that nonessential promotional calls stop.11.19 Text Messages
Provocative Media may use a telephone number to send individual, nonautomated text messages reasonably related to:(a) an inquiry initiated by the recipient;(b) scheduling;(c) Campaign coordination;(d) a requested update;(e) an active business relationship; or(f) another purpose reasonably expected from the context,subject to applicable law.Providing a telephone number through a general Website form does not, by itself, constitute consent to:(a) automated promotional text messages;(b) recurring marketing texts;(c) robotexts;(d) messages sent through an automatic dialing or mass-texting system where consent is legally required; or(e) unrelated third-party promotional texts.Before initiating recurring or automated promotional text messaging, Provocative Media will obtain the type of consent required by applicable law and provide any required disclosures.Where required, consent will clearly identify:(a) Provocative Media or the applicable sender;(b) the nature of the messages;(c) whether automated technology may be used;(d) the expected frequency or nature of recurring messages;(e) that consent is not a condition of purchasing a product or Service where applicable;(f) how consent may be withdrawn; and(g) any applicable message or data-rate information.11.20 Revoking Telephone or Text Consent
Where telephone or text communications depend on consent, the recipient may revoke consent through any reasonable method recognized by applicable law.For text messages, recognized opt-out language may include:(a) STOP;(b) QUIT;(c) END;(d) REVOKE;(e) OPT OUT;(f) CANCEL;(g) UNSUBSCRIBE; or(h) another clear statement that the recipient does not want further messages.A recipient may also communicate a clear revocation request through another reasonable channel, subject to applicable law.Provocative Media will not require the recipient to use only one exclusive revocation method where applicable law requires reasonable alternative methods to be recognized.Where legally permitted, Provocative Media or its provider may send one non-promotional confirmation message acknowledging the opt-out or seeking limited clarification about its scope.After a valid revocation is processed, further communications requiring the revoked consent will stop within the period required by applicable law.A revocation of promotional consent does not necessarily prevent legally exempt or separately authorized communications, but Provocative Media will apply the request as broadly as applicable law requires.11.21 Direct Messages and Social-Media Communications
Provocative Media may use direct-message or Platform messaging functions to:(a) respond to a message initiated by the recipient;(b) contact a public professional or business account concerning a reasonably relevant opportunity;(c) coordinate a Campaign;(d) request appropriate business contact information;(e) provide requested information; or(f) communicate concerning an existing relationship.Provocative Media will not treat a public profile, follow, like, comment, or other ordinary Platform interaction as unlimited consent to recurring promotional direct messages.A recipient may request that nonessential direct-message outreach stop.Platform communications are also subject to the applicable Platform Rules and the Platform’s own privacy and messaging practices.11.22 Postal Mail and In-Person Communications
Where permitted by applicable law, Provocative Media may use business or mailing addresses to send:(a) contracts and notices;(b) Campaign materials;(c) payment or tax records;(d) products or samples;(e) event materials;(f) requested information; or(g) promotional business correspondence.Provocative Media may also collect business contact information during:(a) meetings;(b) events;(c) conferences;(d) professional introductions; or(e) other in-person business interactions.A recipient may request that nonessential promotional postal mail stop using the Contact Us method identified in this Privacy Policy.11.23 Communications Involving Brands and Creators
Provocative Media may communicate with Brands and Creators regarding opportunities reasonably relevant to:(a) a submitted inquiry;(b) a current or prior relationship;(c) stated business interests;(d) audience, content, category, or Platform alignment;(e) publicly available professional information;(f) a referral;(g) an identified Campaign need; or(h) another legitimate business context.Such communications may include limited information concerning a potential Brand, Creator, Campaign, Deliverable, category, schedule, or opportunity as permitted by Article 4.Initial outreach does not guarantee:(a) an introduction;(b) acceptance;(c) representation;(d) a Campaign;(e) a sponsorship;(f) a particular compensation amount; or(g) another commercial relationship.Provocative Media may withhold identities, direct contact information, pricing, compensation, or confidential terms during preliminary outreach as described elsewhere in this Privacy Policy and applicable agreements.11.24 International Communications
Marketing and business-communication requirements vary by jurisdiction.Where an applicable law requires:(a) prior consent;(b) a specific form of consent;(c) a lawful basis for direct marketing;(d) identification of the sender;(e) particular disclosures;(f) an unsubscribe or objection method;(g) a record of consent;(h) restrictions on business-to-business outreach; or(i) another communication safeguard,Provocative Media will apply that requirement to the extent the law applies.The fact that a communication is permitted under United States federal commercial-email law does not necessarily mean it is permitted in every other jurisdiction.Where required, Provocative Media may limit marketing communications according to the recipient’s location or refrain from sending them where the applicable requirements cannot reasonably be satisfied.11.25 Communication Preference Records
Provocative Media may maintain records concerning:(a) how a recipient joined a list or requested communications;(b) the date and source of consent;(c) the consent language presented;(d) the communication channels authorized;(e) the type of communications requested;(f) the applicable notice version;(g) opt-out and revocation requests;(h) preference changes;(i) suppression status;(j) complaints; and(k) communications reasonably necessary to demonstrate compliance.These records may be retained in accordance with Article 7.A record of consent does not expand the consent beyond the language and context in which it was given.11.26 No Circumvention of Communication Preferences
Provocative Media will not knowingly avoid a valid communication preference by:(a) changing the sending email address;(b) using another provider;(c) transferring the recipient to a new promotional list;(d) sending through a contractor;(e) changing the apparent classification of the communication;(f) using another communication channel where the recipient clearly requested that all promotional contact stop; or(g) taking another step intended to evade applicable opt-out requirements.This Section does not prevent communications that are independently permitted or required for an active contract, Campaign, transaction, security matter, legal obligation, or recipient-requested interaction.11.27 No Guarantee of Delivery
Provocative Media does not guarantee that an email, text message, telephone call, direct message, postal communication, or other communication will be:(a) delivered;(b) received;(c) opened;(d) read;(e) routed correctly;(f) free from delay;(g) accepted by the recipient’s provider; or(h) unaffected by spam filters, blocking tools, Platform restrictions, or technical failures.Recipients are responsible for maintaining accurate contact information where continued communications are necessary for an active inquiry, agreement, Campaign, payment, or other relationship.11.28 Changes to Marketing and Communication Practices
Before or when Provocative Media materially changes its communication practices by introducing:(a) a newsletter;(b) recurring promotional campaigns;(c) marketing automation;(d) email-open or link-interaction tracking;(e) purchased, rented, or licensed marketing lists;(f) automated or prerecorded promotional calls;(g) recurring or automated promotional text messages;(h) large-scale direct-message campaigns;(i) behavioral segmentation or profiling for marketing;(j) a new communications provider; or(k) another materially different communication practice,Provocative Media will, where required:(a) evaluate the applicable legal requirements;(b) update this Privacy Policy or another notice;(c) obtain any required consent;(d) establish required unsubscribe or revocation mechanisms;(e) maintain applicable suppression records;(f) configure providers to honor preferences;(g) update internal procedures;(h) review service-provider terms;(i) implement required identification and disclosure language; and(j) take other steps required by applicable law.A materially broader marketing practice will not be applied retroactively to previously collected personal information without any additional notice or consent required by applicable law.11.29 Relationship to Other Sections
This Article should be read together with:(a) Article 3 concerning the purposes for which personal information is used;(b) Article 4 concerning disclosures to communication providers and business counterparties;(c) Article 5 concerning sale, sharing, targeted advertising, and profiling;(d) Article 6 concerning cookies and similar technologies;(e) Article 7 concerning retention of suppression and consent records;(f) Article 9 concerning marketing choices and privacy requests; and(g) the Contact Us section concerning communication preferences and requests.If a specific communication method is governed by a more protective nonwaivable legal requirement, that requirement controls.
13. THIRD-PARTY WEBSITES, PLATFORMS, AND PUBLIC PROFILES
13.1 Scope of This Article
The Website, Provocative Media’s communications, Campaign materials, business records, and other interactions may contain, display, receive, or reference links to websites, Platforms, applications, profiles, accounts, channels, pages, content, or services operated by other persons or organizations.These third-party services may include:(a) Instagram;(b) YouTube;(c) TikTok;(d) Facebook;(e) X and other social-media Platforms;(f) podcast, audio, and music Platforms;(g) livestreaming and video Platforms;(h) newsletter and publishing Platforms;(i) Creator websites and profiles;(j) Brand websites and profiles;(k) professional-networking Platforms;(l) business directories;(m) scheduling and communication services;(n) payment and banking services;(o) electronic-signature and document services;(p) event, ticketing, travel, and venue services;(q) analytics, audience, affiliate, or reporting services; and(r) other external websites, applications, Platforms, and online services.The inclusion of a category or named Platform in this Article does not necessarily mean that Provocative Media currently uses, links to, embeds, or maintains an account with every listed service.13.2 Independent Third Parties and Providers Acting on Our Behalf
Third-party services may interact with Provocative Media in different capacities.Some third parties operate independently and determine their own purposes and methods for collecting and processing personal information. These may include:(a) social-media Platforms;(b) Creator or Brand websites;(c) external payment services selected directly by an individual;(d) external scheduling services;(e) public directories; and(f) other services an individual independently chooses to access.Other providers may process personal information on behalf of Provocative Media to provide hosting, communications, forms, storage, payments, signatures, security, or other business functions.Where a provider processes personal information on behalf of Provocative Media, Provocative Media’s responsibilities concerning that processing may be governed by:(a) this Privacy Policy;(b) the applicable provider agreement;(c) applicable data-processing terms;(d) Provocative Media’s instructions;(e) the provider’s legal role; and(f) applicable law.A provider does not become an independent third party for all purposes merely because it operates its own systems or publishes its own privacy notice.13.3 Independent Third-Party Practices
An independently operated third-party website, Platform, application, or service may collect, use, disclose, retain, secure, combine, or otherwise process personal information according to its own:(a) privacy notice;(b) terms of service;(c) cookie and tracking practices;(d) account settings;(e) security measures;(f) advertising practices;(g) content policies;(h) data-retention procedures; and(i) legal obligations.Depending on the service, the third party may independently collect information such as:(a) Internet Protocol addresses;(b) browser and device information;(c) account and profile identifiers;(d) login and authentication information;(e) precise or approximate location;(f) browsing, viewing, listening, or search history;(g) posts, messages, uploads, and communications;(h) interaction and engagement information;(i) advertising identifiers;(j) cookie and tracking information;(k) payment, subscription, or purchase information;(l) contacts or social connections;(m) content preferences;(n) inferences and advertising profiles; and(o) other personal or technical information.This Privacy Policy does not govern processing independently determined and performed by a third party that Provocative Media does not control.Nothing in this Section eliminates any responsibility Provocative Media may have under applicable law or contract concerning a provider processing personal information on its behalf.13.4 Links Submitted to Provocative Media
An individual may submit a link to a profile, channel, website, portfolio, media kit, newsletter, podcast, show, publication, content item, business page, analytics report, or other online resource when completing a form or communicating with Provocative Media.Submission of a publicly accessible link permits Provocative Media to access and review the information ordinarily available through that link for the business purposes described in this Privacy Policy.A person submitting a publicly accessible link does not necessarily represent that the person owns the linked service or content.Where a submitted link provides or is intended to provide access to nonpublic, restricted, confidential, or third-party information, the person submitting it represents that:(a) the person is authorized to provide the link and applicable access;(b) the disclosure is lawful;(c) any required permission has been obtained;(d) Provocative Media’s authorized review will not violate another person’s rights;(e) access does not require Provocative Media to bypass a password, privacy setting, security measure, access control, Platform restriction, contractual obligation, or law; and(f) the person has not knowingly provided access to information beyond what is reasonably necessary for the applicable business purpose.Submission of a link does not grant Provocative Media ownership of:(a) the linked account;(b) the underlying content;(c) the profile;(d) the Platform account;(e) intellectual property; or(f) another person’s personal information.13.5 Information Concerning Other Persons
A person submitting a link or material concerning another individual is responsible for ensuring that the disclosure is lawful and appropriately authorized where authorization is required.The person should not submit:(a) private communications;(b) nonpublic analytics;(c) restricted documents;(d) account-access information;(e) information concerning a Minor;(f) sensitive personal information;(g) confidential business information; or(h) other nonpublic information concerning another personunless the information is reasonably necessary, the person is authorized to provide it, and the applicable submission method is appropriate.Provocative Media may request confirmation of authority or may decline, restrict, redact, return, or delete information where authority is unclear.13.6 Review of Public Profiles and Professional Content
Provocative Media may review lawfully accessible public information when evaluating or administering:(a) a Creator;(b) a Brand;(c) a podcast, show, newsletter, publication, channel, or media property;(d) a vendor or contractor;(e) a sponsorship or partnership opportunity;(f) a Campaign;(g) a referral;(h) a conflict or exclusivity issue;(i) a compliance or brand-safety matter;(j) a fraud or identity concern;(k) a reputational consideration; or(l) another legitimate business matter.Publicly reviewed information may include:(a) profiles and account descriptions;(b) public posts and publications;(c) videos and livestreams;(d) audio recordings and podcasts;(e) newsletters and articles;(f) websites and portfolios;(g) public comments and interactions;(h) public sponsorships and partnerships;(i) audience and engagement information;(j) public contact and professional information;(k) public corporate or government records; and(l) news and media coverage.Provocative Media may create internal notes, classifications, assessments, summaries, or records based on information reviewed, subject to the limitations described in this Privacy Policy.13.7 Limitations on Review of Public Information
Provocative Media does not intend to obtain public-profile information by:(a) bypassing privacy settings;(b) circumventing passwords or access controls;(c) impersonating another person;(d) using stolen or unauthorized credentials;(e) exploiting a security vulnerability;(f) violating a legally binding access restriction;(g) inducing another person to make an unauthorized disclosure; or(h) using another unlawful method.Provocative Media may use ordinary search, research, Platform, browser, spreadsheet, database, relationship-management, or business-intelligence tools to organize and evaluate lawfully available information.Any materially different automated, large-scale, biometric, or otherwise regulated collection or analysis would be subject to separate legal and privacy review before implementation.13.8 Effect of Public Availability
The fact that information is publicly accessible does not necessarily mean that:(a) it is accurate;(b) it is current;(c) it was lawfully posted;(d) the individual intended every possible use;(e) it may be used without limitation;(f) it is excluded from every privacy law;(g) intellectual-property rights no longer apply;(h) publicity, image, likeness, voice, or personality rights no longer apply;(i) contractual or Platform restrictions no longer apply;(j) confidentiality obligations no longer apply;(k) protections concerning Children or Minor Creators no longer apply; or(l) the information may be disclosed for an unrelated purpose.Provocative Media will seek to use public information only where reasonably necessary and proportionate to a legitimate purpose described in this Privacy Policy.13.9 Information Made Public by an Individual or Organization
Information posted publicly through a Website, Platform, profile, channel, publication, directory, or other service may be:(a) viewed;(b) indexed;(c) cached;(d) copied;(e) archived;(f) quoted;(g) shared;(h) downloaded;(i) analyzed; or(j) otherwise usedby other persons or organizations, subject to applicable law and the applicable service’s terms.Provocative Media does not control how an unrelated person independently uses information that another person has made publicly accessible.Individuals and organizations may review the privacy, audience, visibility, sharing, indexing, download, and security settings available through their accounts and Platforms.The availability of privacy settings does not transfer to the individual any legal responsibility that applicable law places on Provocative Media.13.10 Restricted, Private, and Limited-Access Accounts
Provocative Media does not require an individual to provide a general account password or unrestricted login credentials through a public Website inquiry or ordinary email merely to permit review of a profile, channel, or account.If access to nonpublic analytics, Campaign information, documents, or account features is reasonably necessary, Provocative Media may request that access be provided through:(a) screenshots;(b) exported reports;(c) Platform-generated analytics reports;(d) Platform-native permissions;(e) role-based account access;(f) limited-access tools;(g) read-only access;(h) secure file transfer;(i) an electronic-signature or document provider; or(j) another appropriately restricted process.Individuals should not provide:(a) passwords;(b) multifactor-authentication codes;(c) backup or recovery codes;(d) security-question answers;(e) unrestricted account credentials;(f) session cookies;(g) authentication tokens; or(h) other credentials capable of providing unrestricted access.13.11 Creator Advertising, Whitelisting, and Account Permissions
Where a Campaign includes paid advertising, whitelisting, partnership advertising, branded-content authorization, or use of a Creator’s account identity, access should ordinarily be established through:(a) Platform-native advertising permissions;(b) business-manager or advertising-account roles;(c) partnership-advertising codes;(d) limited-duration permissions;(e) designated Campaign access;(f) approved third-party tools;(g) another secure authorization process; or(h) a method stated in the applicable Creator Campaign Addendum.Provocative Media does not require a Creator to provide a general social-media password merely because a Campaign involves whitelisting or paid advertising.The applicable Campaign documentation may address:(a) who receives access;(b) the level of access;(c) the authorized purpose;(d) the applicable Brand or advertiser;(e) the duration;(f) permitted advertising activity;(g) security obligations;(h) revocation procedures; and(i) termination of access.13.12 Intellectual Property and Publicity Rights
Reviewing, linking to, or retaining a reference to public content does not by itself grant Provocative Media a license to:(a) reproduce the content commercially;(b) edit or create derivative works;(c) use the content in paid advertising;(d) use an individual’s name, image, likeness, voice, signature, or handle;(e) sublicense the content to a Brand;(f) use the content for artificial-intelligence training;(g) create a synthetic or simulated version of the individual; or(h) otherwise exploit intellectual-property or publicity rights.Any Campaign-related use of Creator content or identity must be supported by:(a) the applicable agreement;(b) a Creator Campaign Addendum;(c) a release;(d) a license;(e) Platform functionality;(f) another legally sufficient authorization; or(g) applicable law.Nothing in this Privacy Policy expands the intellectual-property or usage rights granted in a separate agreement.13.13 Accuracy and Reliability of Third-Party Information
Provocative Media does not guarantee that information displayed or reported by a third-party service is:(a) accurate;(b) complete;(c) current;(d) authentic;(e) lawfully posted;(f) free from manipulation;(g) calculated consistently;(h) independently verified; or(i) representative of future performance.Audience counts, engagement rates, impressions, downloads, views, watch time, demographics, rankings, reviews, and similar information may:(a) be estimated;(b) be delayed;(c) change after review;(d) include fraudulent or inauthentic activity;(e) be removed or corrected;(f) be calculated differently among Platforms; or(g) be subject to Platform error.Provocative Media may request:(a) screenshots;(b) exports;(c) Platform analytics;(d) verification;(e) clarification;(f) supporting documentation; or(g) another form of substantiationbefore relying on third-party information for a business decision.
13.14 External Links From the Website
An external link from the Website may be provided for:(a) reference;(b) convenience;(c) communication;(d) access to a public profile;(e) access to a service provider;(f) Campaign participation;(g) payment or document completion; or(h) another legitimate business purpose.Unless expressly stated otherwise, inclusion of a link does not mean that Provocative Media:(a) owns the linked service;(b) controls the linked service;(c) endorses every statement, product, service, user, or practice associated with it;(d) guarantees its availability;(e) guarantees its security;(f) guarantees its legal compliance; or(g) accepts responsibility for processing independently performed by the linked service.When a visitor selects an external link, the visitor’s browser, device, or the linked service may receive technical information associated with the request, such as:(a) an Internet Protocol address;(b) browser and device information;(c) the referring page;(d) the date and time; and(e) other ordinary connection information.Visitors should avoid placing sensitive personal information in a link, URL, query string, or other address field.13.15 Ordinary Links Compared With Embedded Content
An ordinary external link generally requires the visitor to select the link before the third-party destination is opened.Embedded third-party content may load or communicate with a provider while the visitor remains on the Website and, depending on the configuration, may transmit information before the visitor actively interacts with the embedded feature.Embedded content may include:(a) videos;(b) audio players;(c) social-media posts;(d) feeds;(e) maps;(f) scheduling tools;(g) forms;(h) payment tools;(i) chat functions;(j) analytics; and(k) other external widgets or integrations.Where required and technically practicable, Provocative Media will take reasonable steps to:(a) identify the applicable provider;(b) disclose the purpose of the integration;(c) describe relevant information practices;(d) update the cookie or technology disclosures;(e) delay or block nonessential technology until the required choice is made; and(f) obtain consent where legally required.13.16 Third-Party Platform Communications
If an individual contacts or communicates with Provocative Media through a social-media Platform, messaging service, scheduling provider, video-conferencing service, or other third-party service, both Provocative Media and the service may process information associated with the communication.The third-party service may independently retain or process:(a) message contents;(b) sender and recipient information;(c) account identifiers;(d) dates and timestamps;(e) attachments;(f) interaction history;(g) browser, device, and network information;(h) approximate or precise location;(i) contact or connection information; and(j) other account or technical information.Provocative Media’s processing of information it receives is governed by this Privacy Policy.The service’s independent processing is governed by its own privacy notice, terms, settings, and applicable law.An individual should not use a public comment, group message, or other publicly visible channel to submit confidential or sensitive information.13.17 Platform Rules and Account Actions
Use of a third-party Platform may be subject to that Platform’s rules concerning:(a) account eligibility;(b) advertising;(c) branded content;(d) sponsorship disclosures;(e) payment;(f) data access;(g) automated tools;(h) intellectual property;(i) prohibited content;(j) account security;(k) messaging; and(l) enforcement.A Platform may independently:(a) remove content;(b) limit distribution;(c) suspend or terminate an account;(d) restrict advertising;(e) revoke access;(f) change an application-programming interface;(g) modify analytics;(h) disable functionality; or(i) take another action under its rules.Provocative Media does not control independent Platform enforcement decisions.Nothing in this Section excuses Provocative Media from obligations expressly accepted in an applicable agreement concerning Platform administration or Campaign support.13.18 Platform Changes and Availability
A third-party service may change its:(a) privacy notice;(b) terms;(c) data practices;(d) application-programming interfaces;(e) pricing;(f) access rules;(g) account settings;(h) analytics;(i) advertising systems;(j) security controls;(k) content-moderation practices;(l) business model; or(m) availability.These changes may occur without advance notice to Provocative Media.Provocative Media may modify a Campaign, process, link, integration, or provider relationship where reasonably necessary because of a third-party change, subject to applicable agreements and law.13.19 Removal or Modification of Information at the Source
Provocative Media does not control whether an independent third-party service corrects, restricts, deletes, deindexes, archives, or removes information maintained in that service’s systems.An individual seeking to change information maintained by a third-party Platform may need to:(a) use the Platform’s account settings;(b) use the Platform’s privacy controls;(c) submit a request directly to the Platform;(d) contact the person who posted the information; or(e) use another process offered by the Platform or applicable law.A request submitted to Provocative Media generally applies to information within Provocative Media’s possession or reasonable control, subject to applicable law.Deletion or modification of information at the original Platform does not necessarily delete or correct a copy lawfully retained by Provocative Media.Similarly, deletion by Provocative Media does not necessarily delete the original information maintained by the Platform.13.20 Internal Records Derived From Third-Party Information
Provocative Media may retain internal records derived from public or authorized third-party information where reasonably necessary to:(a) document an inquiry;(b) evaluate an opportunity;(c) administer a Campaign;(d) maintain business history;(e) document an approval or decision;(f) manage conflicts or exclusivity;(g) prevent fraud or circumvention;(h) comply with law;(i) resolve a dispute; or(j) establish, exercise, or defend legal rights.Such records may include:(a) notes;(b) screenshots;(c) links;(d) dates of review;(e) classifications;(f) summaries;(g) metrics;(h) evaluation results; and(i) related communications.Privacy requests concerning these records will be handled under Article 9 and applicable law.Provocative Media may retain historical records where deletion or alteration would make the record inaccurate, impair another person’s rights, conflict with a legal obligation, or fall within another applicable exception.13.21 Third-Party Transactions and Independent Activities
An individual may independently complete a transaction, purchase, subscription, account registration, application, communication, or disclosure through a third-party service.Where Provocative Media is not a party to or responsible for the transaction under an applicable agreement, the transaction is governed by the terms and practices of the applicable third party.Provocative Media does not control:(a) the third party’s pricing;(b) the third party’s account requirements;(c) the third party’s payment processing;(d) the third party’s refund practices;(e) the third party’s security measures;(f) the third party’s independent communications; or(g) the third party’s performance.This Section does not limit responsibility that Provocative Media expressly assumes through:(a) a written agreement;(b) a Campaign document;(c) an authorized payment arrangement;(d) an express representation; or(e) applicable law.13.22 Referrals and Introductions
Provocative Media may receive or provide a professional referral or introduction involving a Creator, Brand, vendor, contractor, adviser, or other business contact.A referral or introduction does not, by itself:(a) authorize recurring marketing;(b) authorize disclosure of sensitive information;(c) establish that the referred person consented to every communication;(d) establish a partnership or agency relationship;(e) guarantee the referred person’s qualifications;(f) guarantee a transaction or Campaign; or(g) transfer responsibility for another person’s independent conduct.Provocative Media may provide only the information reasonably necessary for the authorized introduction and may request direct confirmation before disclosing nonpublic contact or relationship information.13.23 Information Concerning Children and Minor Creators
Public availability of information concerning a Child or Minor Creator does not eliminate:(a) parental-notice or consent requirements;(b) age-verification considerations;(c) child-performer requirements;(d) contractual-capacity concerns;(e) publicity and identity rights;(f) Platform protections;(g) targeted-advertising restrictions;(h) data-minimization requirements;(i) safety considerations; or(j) other applicable legal protections.Provocative Media may discontinue review or communication where an individual appears to be a Minor and appropriate Parent involvement or lawful authority cannot be established.Information concerning Children and Minor Creators is addressed more specifically in Article 10.13.24 Reporting an Incorrect, Unauthorized, or Harmful Link
A person who believes that the Website or a communication from Provocative Media contains:(a) an incorrect or broken link;(b) an unauthorized nonpublic link;(c) a link to an impersonating account;(d) a misleading profile association;(e) unlawfully disclosed private information;(f) malicious or fraudulent material;(g) content presenting a material privacy or security concern; or(h) another inappropriate linkmay report the issue through the method identified in the Contact Us section of this Privacy Policy.The subject line should state:Third-Party Link ConcernThe report should include, where reasonably available:(a) the reporter’s name and contact information;(b) the applicable URL;(c) the location where the link appears;(d) a description of the concern;(e) the reporter’s relationship to the affected person or organization;(f) supporting information; and(g) the requested action.The report should not include passwords, authentication codes, complete financial information, unnecessary identification documents, or other sensitive information.13.25 Response to a Reported Link or Profile
After receiving a report, Provocative Media may:(a) review the link or profile;(b) request clarification;(c) verify the reporter’s identity or authority where appropriate;(d) temporarily restrict or remove the link;(e) correct the reference;(f) communicate with the affected person;(g) preserve information relevant to fraud, impersonation, or a legal claim;(h) report malicious activity to a Platform or authority;(i) decline the request where removal is not appropriate or legally required; or(j) take another reasonable action.Provocative Media does not guarantee that an independent third-party Platform will remove, correct, restrict, or restore information maintained in that Platform’s systems.Where required by applicable law, Provocative Media will provide any applicable response, explanation, or privacy-request procedure.13.26 Changes to Third-Party Services and Integrations
Before or when Provocative Media materially changes its use of third-party services by adding:(a) embedded content;(b) social-media feeds;(c) account-login integrations;(d) scheduling tools;(e) payment functions;(f) electronic-signature functions;(g) analytics;(h) chat or messaging widgets;(i) advertising or retargeting technologies;(j) automated profile-analysis tools; or(k) another material integration,Provocative Media will, where required:(a) review the provider’s information practices;(b) determine the provider’s legal and contractual role;(c) review the information transmitted;(d) update this Privacy Policy or another notice;(e) update cookie and tracking disclosures;(f) implement required consent or preference controls;(g) enter into appropriate contractual terms;(h) address sale, sharing, and targeted-advertising implications;(i) address international transfers;(j) implement reasonable security measures; and(k) take other steps required by applicable law.13.27 Relationship to Other Sections
This Article should be read together with:(a) Article 2 concerning information collected from public and third-party sources;(b) Article 3 concerning how information is used;(c) Article 4 concerning disclosures and provider roles;(d) Article 5 concerning sale, sharing, and targeted advertising;(e) Article 6 concerning cookies, embedded content, and similar technologies;(f) Article 8 concerning service-provider and account security;(g) Article 9 concerning privacy requests;(h) Article 10 concerning Children and Minor Creators; and(i) Article 12 concerning international processing.If another Article provides more specific requirements for a particular service, integration, person, or processing activity, the more specific provision applies, subject to applicable law.
14. BUSINESS AND CORPORATE TRANSACTIONS
14.1 Scope of Business-Transaction Processing
Provocative Media may review, use, disclose, make available, transfer, or otherwise process personal information where reasonably necessary in connection with an actual, reasonably anticipated, proposed, pending, or completed business or corporate transaction.Such transactions may include:(a) financing or refinancing;(b) an investment or capital contribution;(c) a merger or consolidation;(d) an acquisition;(e) a sale or exchange of equity interests;(f) a change of control;(g) a corporate restructuring or reorganization;(h) the creation, restructuring, or dissolution of an Affiliate, subsidiary, parent company, joint venture, or other business arrangement;(i) a sale, assignment, transfer, or disposition of assets;(j) a sale or transfer of all or part of a business, operating unit, Website, Service, line of business, or group of commercial relationships;(k) a transfer of contracts or continuing business operations;(l) bankruptcy, insolvency, receivership, liquidation, restructuring, or a similar proceeding;(m) succession following dissolution, incapacity, death, or another legally recognized transition, where applicable; or(n) another comparable commercial, financing, corporate, or organizational transaction.Processing under this Article must remain reasonably related to evaluating, negotiating, financing, completing, administering, integrating, restructuring, or winding down the applicable transaction.14.2 Business Transfers Distinguished From Data Sales
A legitimate transfer of personal information as part of the transfer of all or part of a business is different from an unrelated sale, rental, or license of personal information as a standalone commercial asset.Nothing in this Article authorizes Provocative Media to characterize the following as an ordinary business transfer merely because it occurs under a written transaction document:(a) selling a contact list without transferring an associated business operation;(b) renting personal information;(c) licensing inquiry information to a data broker;(d) providing personal information in exchange for unrelated advertising or marketing benefits;(e) transferring personal information primarily for the recipient’s independent direct marketing;(f) selling an audience database without transferring the applicable business or relationship; or(g) another transaction whose principal purpose is monetizing personal information rather than transferring or financing an operating business or legitimate business asset.Whether a transaction constitutes a sale, sharing, targeted-advertising disclosure, business-purpose disclosure, or excluded business transfer depends on:(a) applicable law;(b) the structure and substance of the transaction;(c) whether the recipient assumes control of all or part of the business;(d) the recipient’s intended use of the information;(e) the governing contracts;(f) whether monetary or other valuable consideration is provided for the information; and(g) other legally relevant circumstances.Article 5 applies to any transaction that constitutes a sale, sharing, targeted-advertising disclosure, or other regulated data practice.14.3 No Contractual Assignment or Rights Transfer Created by This Policy
This Privacy Policy describes circumstances in which personal information may be processed in connection with a transaction.It does not, by itself:(a) assign an agreement;(b) authorize an assignment that is otherwise restricted;(c) constitute consent to a change of control where contractual consent is required;(d) transfer a Creator Sponsorship Representation Agreement;(e) transfer a Creator Campaign Addendum or Creator Campaign Amendment;(f) transfer a Brand Services Agreement, Brand Statement of Work, or Brand Change Order;(g) waive a confidentiality obligation;(h) transfer ownership of Campaign Content;(i) transfer intellectual-property, publicity, name, image, likeness, voice, handle, or other identity rights;(j) expand usage, paid-advertising, whitelisting, exclusivity, or licensing rights;(k) authorize direct communications between a Brand and Creator;(l) transfer access credentials or Platform permissions; or(m) modify another person’s contractual rights or obligations.Any transfer or assignment of an agreement, Campaign, license, permission, right, liability, or obligation remains governed by:(a) the applicable agreement;(b) applicable assignment and change-of-control provisions;(c) required consents;(d) applicable law;(e) court orders where applicable; and(f) the applicable transaction documents.14.4 Transaction Evaluation and Due Diligence
Personal information may be reviewed or disclosed before a transaction is completed where reasonably necessary to:(a) evaluate the proposed transaction;(b) conduct legal, financial, operational, commercial, technical, insurance, tax, privacy, cybersecurity, or regulatory due diligence;(c) identify assets, contracts, rights, obligations, and liabilities;(d) assess the condition, value, performance, or risks of the applicable business;(e) verify revenue, expenses, contracts, Campaigns, and commercial relationships;(f) evaluate privacy, security, litigation, intellectual-property, and compliance risks;(g) negotiate transaction terms;(h) obtain financing, insurance, professional advice, or regulatory approval;(i) prepare transaction documents;(j) evaluate required consents, notices, or approvals;(k) plan for migration, integration, transition, separation, or business continuity; and(l) determine whether and how the transaction should proceed.Disclosure during due diligence does not mean that:(a) the proposed transaction will be completed;(b) the recipient has acquired the information;(c) the recipient may use the information for ordinary business purposes;(d) a contract or relationship has been assigned;(e) a Creator or Brand has consented to the transaction; or(f) the recipient may contact the individuals identified in the records.14.5 Data Minimization During Due Diligence
Provocative Media will seek, where reasonably appropriate, to limit due-diligence disclosures to information reasonably necessary for the applicable stage and purpose of the transaction.Measures may include:(a) initially providing aggregated or deidentified information;(b) providing statistical summaries;(c) removing unnecessary names and direct contact information;(d) redacting sensitive personal information;(e) redacting banking and taxpayer identification information;(f) redacting passwords, authentication information, and Platform credentials;(g) withholding personal information concerning Children and Minor Creators unless necessary and lawfully permitted;(h) withholding privileged information;(i) withholding or limiting trade secrets, pricing methodologies, margins, and internal allocations;(j) disclosing sample agreements rather than complete relationship files;(k) providing information in stages;(l) limiting information to specified review teams;(m) using clean-team arrangements;(n) limiting access to professional advisers;(o) using a controlled data room; and(p) disclosing more detailed information only when the transaction has advanced sufficiently to justify the additional disclosure.The existence of a confidentiality agreement does not, by itself, make every category of personal information necessary for due diligence.14.6 Restrictions on Pre-Closing Use
Unless otherwise permitted by applicable law, an agreement, or the affected individual, a prospective transaction participant receiving personal information for due diligence should not use the information to:(a) send promotional communications;(b) solicit Provocative Media’s Brands, Creators, vendors, contractors, or personnel;(c) circumvent Provocative Media;(d) independently recruit or contract with a Creator;(e) contact a Brand directly concerning a protected Campaign or opportunity;(f) develop an unrelated marketing list;(g) compete unfairly with Provocative Media;(h) combine the information with unrelated datasets for advertising or profiling;(i) disclose the information to unauthorized persons;(j) use the information to make unrelated decisions concerning an individual; or(k) use the information for another purpose unrelated to evaluating or completing the transaction.Where reasonably appropriate, transaction documents may expressly restrict:(a) use;(b) disclosure;(c) copying;(d) downloading;(e) solicitation;(f) contact with business counterparties;(g) retention;(h) onward transfer;(i) use following termination of negotiations; and(j) access by competing personnel.14.7 Potential and Actual Recipients
Personal information may be disclosed or made available, where reasonably necessary, to:(a) potential or actual purchasers;(b) acquiring or successor entities;(c) sellers;(d) investors and prospective investors;(e) lenders and financing sources;(f) parent companies, subsidiaries, Affiliates, and joint-venture participants;(g) boards, members, managers, officers, and authorized transaction personnel;(h) transaction advisers;(i) attorneys;(j) accountants, auditors, and tax professionals;(k) consultants and valuation providers;(l) insurers, insurance brokers, and claims advisers;(m) investment banks, brokers, and financial advisers;(n) due-diligence and virtual-data-room providers;(o) cybersecurity, forensic, and information-technology advisers;(p) trustees, receivers, administrators, liquidators, custodians, or similar representatives;(q) courts, regulators, tax authorities, and governmental authorities;(r) service providers assisting with separation, migration, transition, or integration; and(s) other persons reasonably involved in evaluating, negotiating, financing, approving, completing, or administering the transaction.Access should be limited to persons with a legitimate role in the applicable transaction where reasonably practicable.14.8 Categories of Information That May Be Reviewed or Transferred
Information reviewed, disclosed, or transferred in connection with a transaction may include:(a) contact and professional information;(b) Website inquiries and business communications;(c) Brand, Creator, podcast, show, newsletter, publication, media-property, vendor, contractor, referral, and partner records;(d) Campaign and relationship-management records;(e) Brand Services Agreements;(f) Brand Statements of Work;(g) Brand Change Orders;(h) Creator Sponsorship Representation Agreements;(i) Creator Campaign Addenda;(j) Creator Campaign Amendments;(k) vendor, contractor, referral, nondisclosure, and other agreements;(l) proposals, Campaign packages, business-development records, and opportunity information;(m) invoices, payments, expenses, financial records, and transaction history;(n) limited tax documentation where reasonably necessary;(o) communications, approvals, instructions, and signature records;(p) audience, Platform, channel, content, and performance information;(q) consent, preference, unsubscribe, suppression, and privacy-request records;(r) compliance, fraud-prevention, brand-safety, and conflict records;(s) security and incident records;(t) technical, Website, and operational information;(u) claims, disputes, insurance, and legal records;(v) service-provider and subprocessor information; and(w) other information reasonably related to the assets, operations, liabilities, rights, obligations, or relationships involved in the transaction.The inclusion of a category in this Section does not mean that every record in that category will be disclosed in every transaction.14.9 Sensitive and Restricted Information
Sensitive or restricted personal information should receive heightened consideration before disclosure in a transaction.Such information may include:(a) Social Security numbers;(b) taxpayer identification numbers;(c) government identification information;(d) complete banking or financial-account information;(e) payment-card information;(f) account passwords and authentication credentials;(g) precise geolocation;(h) health or medical information;(i) biometric information;(j) information concerning Children and Minor Creators;(k) legally privileged communications;(l) background-check information;(m) private communications unrelated to the transaction;(n) Platform access credentials;(o) direct personal contact information not necessary for the transaction; and(p) other information whose disclosure presents a heightened risk of harm.Where reasonably practicable, Provocative Media may:(a) withhold such information;(b) redact it;(c) mask it;(d) provide a verification result instead of the underlying data;(e) use a secure provider;(f) delay disclosure until a later stage;(g) restrict access to designated advisers or clean-team personnel; or(h) provide the information only after the transaction is completed.Nothing in this Article authorizes disclosure of passwords, unrestricted account credentials, or authentication codes to a purchaser merely because a transaction is proposed.14.10 Confidentiality and Protective Measures
Where reasonably appropriate and practicable, Provocative Media may use measures designed to protect information disclosed during a transaction, including:(a) confidentiality agreements;(b) nondisclosure provisions;(c) purpose restrictions;(d) access restrictions;(e) controlled virtual data rooms;(f) individual user accounts;(g) access logs;(h) watermarks;(i) download or printing restrictions;(j) staged disclosure;(k) redaction;(l) aggregation or deidentification;(m) clean-team procedures;(n) restrictions on contacting Brands, Creators, vendors, and other counterparties;(o) restrictions on onward disclosure;(p) information-security requirements;(q) required return or deletion following termination of negotiations;(r) incident-notification provisions; and(s) legal remedies for unauthorized use or disclosure.The particular safeguards used may depend on:(a) the transaction stage;(b) the recipient’s role;(c) the information involved;(d) the recipient’s competitive relationship with Provocative Media;(e) applicable agreements;(f) applicable law;(g) technical feasibility; and(h) commercial necessity.14.11 Privacy, Security, and Compliance Due Diligence
Provocative Media or a transaction participant may review information reasonably necessary to evaluate:(a) compliance with this Privacy Policy;(b) privacy notices and consent records;(c) privacy requests and responses;(d) opt-out and suppression records;(e) service-provider contracts;(f) international transfers;(g) retention and deletion practices;(h) information-security controls;(i) actual or suspected security incidents;(j) complaints and regulatory inquiries;(k) information concerning Children or Minor Creators;(l) advertising and cookie practices; and(m) other privacy, security, or data-governance risks.Where reasonably appropriate, transaction planning may address:(a) who will control personal information after closing;(b) which records will transfer;(c) which records will remain with Provocative Media;(d) how privacy choices will be preserved;(e) responsibility for pending privacy requests;(f) service-provider transitions;(g) required notices;(h) cross-border transfers;(i) data migration and validation;(j) retention and deletion;(k) incident responsibility; and(l) integration of security and privacy procedures.14.12 Completion of a Transaction
If a transaction is completed, personal information may be:(a) transferred to the purchaser, successor, surviving entity, Affiliate, or other transaction recipient;(b) migrated into the recipient’s systems and records;(c) used to continue or administer acquired Services, contracts, Campaigns, and business relationships;(d) used to perform or enforce lawfully transferred rights and obligations;(e) used to complete outstanding payments and reporting;
(f) used to administer continuing usage rights, exclusivity, or Campaign obligations;(g) used to communicate with Brands, Creators, vendors, contractors, and other business contacts concerning the transaction;(h) used to transition providers, systems, accounts, and processes; and(i) otherwise processed in connection with operating, integrating, restructuring, separating, or winding down the transferred business.The fact that personal information is transferred does not automatically grant the recipient rights beyond those lawfully acquired under:(a) the applicable agreements;(b) the transaction documents;(c) individual permissions;(d) licenses;(e) court orders; and(f) applicable law.14.13 Continuity of Privacy Preferences and Requests
To the extent required by applicable law and reasonably applicable to the transferred records, a purchaser or successor may be required to honor:(a) sale opt-outs;(b) sharing opt-outs;(c) targeted-advertising opt-outs;(d) limitations concerning sensitive personal information;(e) marketing unsubscribes;(f) do-not-contact requests;(g) cookie and tracking preferences;(h) consent withdrawals;(i) deletion or restriction requests;(j) requests concerning information of Children or Minor Creators; and(k) other legally applicable privacy choices.Provocative Media may transfer limited suppression, consent, and privacy-request records where reasonably necessary to allow the successor to continue honoring those choices.A successor should not treat the transfer as cancelling a privacy preference merely because:(a) ownership changed;(b) systems changed;(c) the Website changed;(d) a mailing platform changed;(e) the business changed its name; or(f) the information was migrated to a new database.Responsibility for pending privacy requests may be allocated through the transaction documents, but the allocation does not eliminate any obligation imposed by applicable law.14.14 Successors and Acquiring Parties
A successor, purchaser, surviving company, or acquiring party may become responsible for transferred personal information.The recipient may continue processing the information:(a) for purposes consistent with the representations applicable when the information was collected;(b) to administer the acquired business, assets, Campaigns, contracts, and relationships;(c) to satisfy transferred legal and contractual obligations;(d) under an updated privacy notice that does not unlawfully apply materially broader practices retroactively;(e) for other reasonably compatible purposes; and(f) as otherwise permitted or required by applicable law.A successor’s legal role may differ depending on whether it:(a) acquires all of Provocative Media;(b) acquires only part of the business;(c) acquires specified assets;(d) acquires particular contracts or relationships;(e) provides transition services;(f) acts as a service provider; or(g) receives information for another limited purpose.14.15 Materially Different Post-Transaction Uses
A completed transaction does not authorize a recipient to use previously collected personal information for any purpose merely because the recipient now possesses it.Where a successor proposes to use or disclose personal information in a manner materially inconsistent with the representations applicable when the information was collected, the responsible organization will provide any:(a) prior notice;(b) prominent disclosure;(c) consent request;(d) opportunity to object;(e) opt-out mechanism;(f) limitation right;(g) contract notice; or(h) other procedurerequired by applicable law.An updated privacy policy alone will not be treated as sufficient authorization for a material retroactive expansion of processing where applicable law requires more.The responsible organization will not conceal a material change through:(a) an inconspicuous Website update;(b) vague language;(c) retroactive amendment without required notice;(d) a notice sent only after the new use has begun; or(e) another method inconsistent with applicable law.14.16 Transfer of Contracts and Campaign Relationships
Where a transaction includes a proposed transfer of a Brand, Creator, vendor, contractor, or referral relationship, Provocative Media may use or disclose personal information to:(a) identify the applicable agreement;(b) determine whether assignment is permitted;(c) determine whether notice or consent is required;(d) obtain required approval;(e) communicate with the applicable counterparty;(f) transfer relevant records;(g) administer transition obligations; and(h) preserve the continuity of Campaigns or Services.A proposed transaction does not automatically permit the transferee to:(a) communicate directly with a Creator where the applicable arrangement requires communications through Provocative Media;(b) use Creator identity or Campaign Content beyond the applicable license;(c) continue whitelisting or Platform access beyond the authorized duration;(d) alter Creator compensation;(e) alter the Brand’s Campaign Price;(f) alter Deliverables;(g) extend exclusivity;(h) use information to circumvent continuing protections; or(i) disregard consent or assignment requirements.The applicable agreement and transaction documents determine whether and how a particular relationship is transferred.14.17 Transaction Communications
Provocative Media, a successor, or another authorized transaction participant may use contact information to communicate concerning:(a) a proposed or completed change in ownership or control;(b) a transfer or continuation of an agreement;(c) a required assignment notice or consent request;(d) changes in contact information;(e) changes in payment or invoicing procedures;(f) transition of an active Campaign;(g) transition of a Service or provider;(h) changes to privacy responsibilities;(i) required privacy choices;(j) changes to account or security procedures; and(k) other matters reasonably necessary to complete or administer the transaction.Such communications may be sent despite an opt-out from unrelated promotional marketing because legitimate transaction, contractual, privacy, security, and operational notices are not necessarily promotional.A transaction communication should not be used to disguise unrelated promotional content.Recipients should independently verify unexpected changes to banking, payment, wire-transfer, account-access, or tax instructions through a trusted communication channel.14.18 Retained Copies Following a Completed Transaction
Provocative Media, a seller, former owner, Affiliate, professional adviser, or other authorized party may retain limited copies of transferred information where reasonably necessary or legally permitted to:(a) complete the transaction;(b) administer retained assets, liabilities, contracts, or obligations;(c) comply with tax, accounting, corporate, insurance, or regulatory requirements;(d) complete post-closing adjustments;(e) respond to indemnification claims;(f) resolve disputes;(g) enforce transaction documents;(h) comply with legal holds;(i) establish, exercise, or defend legal claims;(j) maintain privileged or professional records; or(k) satisfy another lawful retention purpose.Information retained solely for those purposes should not be used for:(a) unrelated promotional marketing;(b) solicitation of transferred relationships;(c) competing with the transferred business in violation of an agreement;(d) a materially incompatible purpose; or(e) another unauthorized use.Retained copies remain subject to applicable:(a) confidentiality obligations;(b) security requirements;(c) retention limitations;(d) legal holds;(e) transaction documents; and(f) privacy laws.14.19 Transactions That Are Not Completed
If a proposed transaction is not completed, Provocative Media may retain information concerning:(a) the existence and nature of the proposed transaction;(b) negotiations;(c) material decisions;(d) transaction expenses;(e) professional advice;(f) confidentiality obligations;(g) disputes or claims; and(h) other information reasonably necessary to document the matter.A recipient that obtained personal information during due diligence may be required, subject to applicable agreements and law, to:(a) stop using the information;(b) return the information;(c) delete the information;(d) restrict access;(e) continue protecting retained professional or archival copies;(f) preserve specified information under a legal hold; and(g) certify return or deletion where required.Information retained after termination of negotiations should not be used to:(a) solicit Provocative Media’s Brands or Creators;(b) circumvent Provocative Media;(c) build a marketing list;(d) compete using confidential transaction information;(e) contact individuals identified solely through due diligence; or(f) perform another purpose unrelated to the discontinued transaction.Provocative Media cannot guarantee immediate deletion from every backup, professional file, legal archive, or independently controlled system, but technical limitations do not authorize continued active use for an unrelated purpose.14.20 Bankruptcy, Insolvency, and Similar Proceedings
In connection with bankruptcy, insolvency, receivership, liquidation, restructuring, creditor proceedings, or a similar process, personal information may be included within business records, contract files, operational assets, or other property subject to review or administration.Depending on applicable law and the circumstances, information may be:(a) reviewed by a court, trustee, receiver, administrator, liquidator, creditor, purchaser, professional adviser, or governmental authority;(b) used to continue or wind down business operations;(c) disclosed during a court-supervised sale or restructuring;(d) transferred with an operating business or business assets;(e) retained to administer claims and liabilities; or(f) otherwise processed as authorized by applicable law or court order.Federal bankruptcy law may impose additional restrictions where a debtor previously maintained a privacy policy prohibiting transfer of personally identifiable information to unaffiliated persons.Depending on the circumstances, a proposed sale or lease may require:(a) consistency with the applicable privacy policy;(b) notice and a hearing;(c) appointment of a consumer privacy ombudsman;(d) judicial consideration of privacy effects;(e) compliance with nonbankruptcy privacy law; and(f) additional conditions or safeguards.Nothing in this Privacy Policy represents that personal information may always be sold or transferred in bankruptcy without court review, notice, consent, or other legally required protection.14.21 Information Concerning Children and Minor Creators
Information concerning a Child or Minor Creator will not be disclosed in connection with a transaction merely because it appears in business records.Before transferring such information, the responsible parties may need to evaluate:(a) parental notice and consent;(b) the purpose for which the information was originally collected;(c) the identity and role of the recipient;(d) the transaction structure;(e) the recipient’s proposed use;(f) applicable COPPA requirements;(g) applicable state youth-privacy requirements;(h) child-performer, contract, payment, and trust-account requirements;(i) retention and deletion limitations; and(j) additional security safeguards.Where reasonably practicable, information concerning Children and Minor Creators may be:(a) withheld;(b) aggregated;(c) deidentified;(d) disclosed only after closing;(e) disclosed only to designated advisers;(f) transferred with applicable parental and consent records; or(g) otherwise limited to what is legally permitted and reasonably necessary.14.22 Cross-Border Transactions
A transaction may involve recipients, advisers, data rooms, providers, or systems located outside the United States.Where personal information is transferred internationally in connection with a transaction, Article 12 applies.Depending on applicable law, the transaction may require:(a) review of processing locations;(b) international transfer safeguards;(c) contractual transfer provisions;(d) transfer assessments;(e) supplementary security measures;(f) restrictions on onward transfers;(g) notice or consent;(h) local representatives; or(i) another legally required procedure.A business-transaction provision does not independently establish a valid international transfer mechanism.14.23 Security and Incident Responsibility During Transition
A transaction may create security risks during:(a) due diligence;(b) data-room access;(c) migration;(d) system integration;(e) separation of systems;(f) transfer of accounts;(g) changes in service providers;(h) employee or contractor transitions; and(i) post-closing operations.Where reasonably appropriate, transaction planning may address:(a) access controls;(b) authorized transaction personnel;(c) secure transfer methods;(d) encryption or protected transmission;(e) logging and monitoring;(f) credentials and account access;(g) backup responsibilities;(h) incident notification;(i) investigation and remediation;(j) allocation of liability;(k) retention and deletion;(l) security of retained copies; and(m) termination of access following completion or abandonment.Nothing in this Article reduces the security obligations described in Article 8.14.24 No Guarantee of Continued Relationship
A business or corporate transaction does not guarantee that:(a) an existing inquiry will be accepted;(b) an existing or proposed Campaign will continue;(c) a Brand, Creator, vendor, contractor, or referral relationship will be renewed;(d) the successor will provide identical Services;(e) the successor will accept identical commercial terms;(f) the same personnel or providers will remain involved;(g) every opportunity will remain available;(h) an agreement may lawfully be assigned;(i) a required consent will be obtained; or(j) a proposed transaction will be completed.Continuing rights and obligations will be determined by:(a) the applicable agreements;(b) applicable assignment and change-of-control provisions;(c) required consents;(d) the transaction documents;(e) applicable law; and(f) any applicable court order.14.25 Relationship to Commercial Agreements
This Article supplements assignment, successor, change-of-control, confidentiality, privacy, security, and business-transaction provisions contained in Provocative Media’s agreements.A separate agreement may impose additional restrictions or requirements concerning:(a) disclosure during due diligence;(b) confidentiality;(c) assignment;(d) change of control;(e) contact with Brands or Creators;(f) transfer of Campaigns;(g) Creator compensation;(h) Brand pricing;(i) usage rights;(j) access credentials;(k) retention;(l) security;(m) return or destruction of information; and(n) continuing rights and obligations.Where a separate agreement expressly conflicts with this Article, the agreement will control for the applicable relationship to the extent:(a) stated in the agreement;(b) legally enforceable; and(c) permitted by applicable privacy law.No agreement or transaction document may eliminate a nonwaivable privacy right.14.26 Notice of a Completed Transaction
Where a completed transaction results in a legally material change to:(a) the identity of the organization responsible for personal information;(b) applicable contact information;(c) the manner in which privacy requests are submitted;(d) the purposes for which information is processed;(e) the categories of recipients;(f) international processing locations;(g) sale, sharing, or targeted-advertising practices; or(h) another material privacy practice,the responsible organization will provide any notice required by applicable law.
Notice may be provided through:(a) the Website;(b) email;(c) direct business communications;(d) an updated privacy policy;(e) a contractual notice;(f) a notice associated with the applicable Campaign or Service; or(g) another legally permitted method.Where required, notice will be provided before the materially changed practice begins and will be sufficiently clear and prominent to permit affected individuals to exercise applicable choices.14.27 Additional Consent, Objection, and Choice Requirements
A transaction will not be treated as eliminating an individual’s right to:(a) withdraw consent where applicable;(b) object to processing;(c) opt out of sale or sharing;(d) opt out of targeted advertising;(e) limit sensitive-personal-information uses;(f) unsubscribe from promotional communications;(g) request deletion, correction, access, or portability;(h) exercise parental rights; or(i) exercise another legally available right.Where applicable law requires consent, an opportunity to object, an opt-out, or another choice before a transaction-related transfer or materially different post-transaction use, the responsible organization will implement that procedure as required.14.28 Changes to Business-Transaction Practices
Provocative Media may revise this Article where its corporate structure, financing activities, transaction practices, service providers, or legal obligations materially change.A revision to this Article does not:(a) retroactively authorize a previously prohibited disclosure;(b) override a valid privacy choice;(c) assign an agreement;(d) expand a license or intellectual-property right;(e) eliminate a confidentiality obligation;(f) create a lawful basis that otherwise does not exist; or(g) eliminate notice, consent, or other procedures required by applicable law.14.29 Application of Applicable Law
If this Article conflicts with a nonwaivable requirement of applicable law, the applicable law controls.Nothing in this Article requires Provocative Media to:(a) complete a proposed transaction;(b) disclose information where disclosure is prohibited;(c) transfer a relationship that cannot lawfully or contractually be transferred;(d) disclose privileged or legally protected information;(e) disclose another person’s personal information without an appropriate basis;(f) provide a prospective purchaser unrestricted access to business records; or(g) process personal information beyond what is reasonably necessary and legally permitted for the applicable transaction.
15. CHANGES TO THIS PRIVACY POLICY
15.1 Effective Date and Last Updated Date
Effective Date: June 30th, 2026Last Updated: June 30th, 2026The Effective Date identifies when this Privacy Policy first became effective.The Last Updated date identifies when the current published version was most recently revised.Provocative Media will insert the applicable dates before publishing this Privacy Policy and will not intentionally leave either date blank in the published version.A revision to the Privacy Policy does not necessarily mean that Provocative Media changed its underlying information practices. A revision may also correct, clarify, reorganize, or update the description of existing practices.15.2 Right to Revise This Privacy Policy
Provocative Media may revise this Privacy Policy periodically to reflect changes in:(a) the Website and its features;(b) Website forms and information-collection practices;(c) Services, Campaigns, and business operations;(d) service providers, contractors, subprocessors, and business systems;(e) cookies, analytics, embedded content, advertising, and similar technologies;(f) the categories of personal information collected;(g) the purposes for which personal information is used;(h) the categories of recipients to whom personal information is disclosed;(i) sale, sharing, targeted-advertising, or profiling practices;(j) privacy-rights and request procedures;(k) communication and marketing practices;(l) data-retention and disposal practices;(m) security practices described in this Privacy Policy;(n) international processing and transfer practices;(o) practices involving Children or Minor Creators;(p) applicable laws, regulations, court decisions, regulatory guidance, or legally relevant industry developments;(q) corporate structure, ownership, financing, or business relationships; and(r) other matters relevant to Provocative Media’s processing of personal information.Revisions may:(a) clarify existing practices;(b) correct errors;(c) improve readability;(d) update contact or service-provider information;(e) remove outdated provisions;(f) add legally required disclosures;(g) describe a new or modified practice; or(h) address a material change in processing.A revision to this Privacy Policy does not independently authorize processing that would otherwise require notice, consent, an opt-out mechanism, a contractual amendment, or another procedure under applicable law.15.3 Posting the Current Policy
The current version of this Privacy Policy will be made available through the Website.When Provocative Media publishes a revision, it will update the Last Updated date shown in Section 15.1.Unless a different effective date is expressly stated, a revision that applies prospectively will become effective when the revised Privacy Policy is posted.Where applicable law requires advance notice, consent, or another procedure, the materially changed practice will not begin merely because the revised Privacy Policy has been posted.Provocative Media may maintain the same Effective Date while updating the Last Updated date, unless the nature of the revision makes a new effective date appropriate.15.4 Review of the Privacy Policy
Provocative Media may review this Privacy Policy periodically to determine whether it continues to accurately describe:(a) the categories of personal information collected;(b) the sources of personal information;(c) the purposes of processing;(d) the categories of recipients;(e) Website technologies and service providers;(f) sale, sharing, targeted-advertising, and profiling practices;(g) retention practices;(h) privacy rights and request procedures;(i) security practices described publicly;(j) international processing;(k) Children and Minor Creator practices; and(l) other material information practices.Where an applicable privacy law requires the Privacy Policy to be reviewed or updated at a particular interval, Provocative Media will follow that requirement to the extent the law applies.Where the California Consumer Privacy Act applies, Provocative Media will update the disclosures required by that law at least once during every twelve-month period and will include information concerning applicable practices during the preceding twelve months as required by law.Periodic review does not require Provocative Media to revise the policy where the policy remains accurate and no change is legally or operationally necessary.15.5 Additional Notice of Material Changes
Where legally required, Provocative Media will provide additional notice before or when a material change takes effect.Where additional notice is not legally required, Provocative Media may nevertheless provide notice where reasonably appropriate considering the nature and effect of the change.Additional notice may be provided through one or more of the following methods:(a) a clear and prominent notice on the Website;(b) a notice displayed near an affected Website form, feature, or integration;(c) an email sent to an address associated with an active inquiry or business relationship;(d) a direct business communication;(e) a notice provided during onboarding;(f) a notice provided through a Campaign process;(g) a notice provided through an applicable account or provider;(h) a cookie banner or privacy-preference mechanism;(i) an updated notice at collection;(j) a separate consent request;(k) a contractual notice or amendment;(l) an updated Campaign document;(m) an in-product or embedded-feature notice; or(n) another legally permitted method reasonably calculated to bring the change to the attention of affected individuals.The form, content, prominence, and timing of the notice may depend on:(a) the nature of the change;(b) the categories and sensitivity of the information affected;(c) whether the change concerns previously collected information;(d) whether the change is likely to be unexpected;(e) the potential effect on individuals;(f) the nature of the relationship with the affected individuals;(g) the communication information reasonably available to Provocative Media;(h) the practicality and reliability of the notice method; and(i) applicable legal requirements.15.6 Material Changes
A change may be material where it significantly alters:(a) the categories of personal information collected;(b) the purposes for which personal information is processed;(c) the categories of persons or organizations receiving personal information;(d) the manner in which personal information is sold or shared;(e) the use of personal information for targeted advertising;(f) the use of profiling or automated decision-making;(g) the collection or use of sensitive personal information;(h) the retention period or retention criteria;(i) the international locations or transfer mechanisms materially relevant to the processing;(j) practices involving Children or Minor Creators;(k) the privacy rights or choices available to individuals;(l) the manner in which individuals exercise their rights;(m) the security representations made to individuals; or(n) another practice that is reasonably likely to affect an individual’s decision or reasonable expectations regarding the processing of personal information.Examples of potentially material changes may include beginning to:(a) collect a materially different category of personal information;(b) use previously collected information for a materially different or incompatible purpose;(c) disclose personal information to a materially different category of recipient;(d) permit an independent third party to control collection through the Website;(e) sell personal information;(f) share personal information for cross-context behavioral advertising;(g) process personal information for targeted advertising;(h) use qualifying profiling or automated decision-making;(i) use sensitive personal information for a new purpose;(j) introduce material advertising, tracking, monitoring, biometric, or age-verification technologies;(k) knowingly collect personal information online from Children under thirteen;(l) materially expand direct-marketing practices;(m) materially change the identity of the organization responsible for the information;(n) materially alter international processing or onward-transfer practices; or(o) materially reduce a previously stated privacy protection.Whether a particular change is material depends on the circumstances and applicable law.15.7 Previously Collected Personal Information
Provocative Media will not treat the posting of a revised Privacy Policy as automatically authorizing every materially different use or disclosure of personal information collected under an earlier version.Personal information collected before a revision may continue to be processed:(a) for the purposes disclosed when the information was collected;(b) for purposes reasonably compatible with the context of collection;(c) to respond to or administer an existing inquiry;(d) to perform, administer, or enforce an agreement;(e) to administer a Campaign or transaction;(f) to maintain legally permitted business records;(g) to comply with applicable law;(h) to maintain security or prevent fraud;(i) to process payments, tax records, or accounting matters;(j) to establish, exercise, preserve, or defend legal claims; and(k) for another purpose permitted by applicable law.Provocative Media will not apply a materially broader or incompatible practice retroactively to previously collected personal information merely by:(a) changing the wording of this Privacy Policy;(b) changing the Last Updated date;(c) posting the revised policy without additional notice;(d) relying on silence or inactivity;(e) relying solely on continued Website use; or(f) characterizing the new practice as a clarification where it materially changes the processing.Where applicable law requires additional notice, affirmative consent, an opportunity to object, an opt-out mechanism, or another procedure before previously collected information may be processed for a materially different purpose, Provocative Media will provide the required procedure.15.8 New Purposes and Incompatible Processing
Before using personal information for a new purpose that is materially different from or incompatible with the purpose disclosed when the information was collected, Provocative Media will evaluate:(a) the relationship between the original and proposed purposes;(b) the context in which the information was collected;(c) the reasonable expectations of affected individuals;(d) the nature and sensitivity of the information;(e) the potential consequences of the proposed processing;(f) applicable contractual restrictions;(g) available safeguards;(h) whether additional notice is required;(i) whether consent is required;(j) whether an objection, opt-out, or limitation right applies; and(k) whether the proposed processing is otherwise lawful.Where prior notice is required, Provocative Media will provide the applicable information before the new processing begins.Where the proposed purpose cannot lawfully be implemented through notice alone, Provocative Media will obtain the required consent or refrain from the proposed processing.15.9 Consent Where Required
Provocative Media may request affirmative consent before implementing a material change where:(a) consent is required by applicable law;(b) the proposed use would be materially incompatible with the original context;(c) sensitive personal information is involved;(d) the change affects Children or Minor Creators;(e) the change involves a regulated international transfer;(f) nonessential cookies or tracking technologies require consent;(g) recurring or automated marketing requires consent; or(h) consent is otherwise appropriate under the circumstances.A consent request may describe:(a) the proposed change;(b) the categories of personal information affected;(c) the proposed purpose;(d) the recipient or categories of recipients;(e) whether the change applies to previously collected information;(f) the potential consequences of granting or declining consent;(g) how consent may be withdrawn;(h) whether another lawful basis applies; and(i) the expected effective date.Where applicable law requires affirmative consent, Provocative Media will not treat the following as sufficient consent:(a) silence;(b) inactivity;(c) failure to respond to an email;(d) continued Website access;(e) continued use of an unrelated Service;(f) a preselected option;(g) acceptance obtained through misleading design; or(h) another action that does not satisfy the applicable consent standard.Consent to one purpose does not automatically constitute consent to another materially different purpose.15.10 Continued Use of the Website
Continued access to the Website after a revised Privacy Policy becomes effective means that the revised notice is available to govern information collected and processed prospectively, subject to applicable law.Continued Website access does not, by itself:(a) constitute affirmative consent;(b) waive a privacy right;(c) waive a contractual right;(d) authorize a materially different retroactive use;(e) override an opt-out or withdrawal of consent;(f) authorize the sale or sharing of personal information;(g) authorize targeted advertising or qualifying profiling;(h) authorize nonessential cookies where consent is required;(i) authorize automated promotional calls or text messages; or(j) eliminate another legally required notice or choice.The legal effect of continued use depends on:(a) the nature of the change;(b) whether the change applies prospectively or retroactively;(c) the information involved;(d) the individual’s relationship with Provocative Media; and(e) applicable law.15.11 Related Notices and Operational Controls
Updating this Privacy Policy does not replace any separate notice, consent mechanism, preference control, contractual term, or technical measure required for a specific information practice.Where applicable, Provocative Media may also need to update or implement:(a) a notice at collection;(b) the notice displayed with a Website form;(c) a cookie banner;(d) a cookie or technology inventory;(e) a consent-management platform;(f) a “Do Not Sell or Share My Personal Information” link;(g) a “Your Privacy Choices” mechanism;(h) recognition of universal opt-out signals;(i) a sensitive-personal-information limitation mechanism;(j) a marketing unsubscribe process;(k) a telephone or text-message consent and revocation process;(l) a child-specific privacy notice;(m) a parental-consent process;(n) a profiling or automated-decision notice;(o) an international-transfer mechanism;(p) service-provider or processor agreements;(q) Campaign or contractual documentation;(r) privacy-request procedures; or(s) another operational safeguard.Any required notice at collection will be provided at or before the applicable collection rather than only through a later revision to this Privacy Policy.Publishing language describing a new control does not constitute implementation of the control.15.12 Changes to Service Providers
Provocative Media may replace, add, or remove a service provider without treating every provider change as a material revision.A provider change may be nonmaterial where the replacement:(a) performs substantially the same function;(b) receives substantially the same categories of personal information;(c) processes the information for substantially the same disclosed purposes;(d) operates under a substantially similar legal and contractual role;(e) does not materially change sale, sharing, targeted-advertising, or profiling practices;(f) does not materially expand international processing;(g) does not materially affect retention or security representations; and(h) does not materially affect individual rights or choices.A provider change may be material where it:(a) introduces a new processing purpose;(b) introduces a new category of personal information;
(c) allows independent use of the information;(d) changes the recipient from a service provider or processor to an independent third party;(e) introduces material advertising or tracking;(f) introduces new international processing or onward transfers;(g) materially changes retention;(h) materially affects the handling of sensitive information;(i) materially affects Children or Minor Creators; or(j) otherwise materially alters the information practices reasonably expected by affected individuals.15.13 Active Business Relationships and Agreements
A revised Privacy Policy may apply prospectively to personal information processed in connection with an active:(a) inquiry;(b) Campaign;(c) Brand relationship;(d) Creator relationship;(e) vendor or contractor relationship;(f) referral relationship;(g) service-provider relationship; or(h) other business relationship.Separate written agreements may contain additional provisions concerning:(a) Confidential Information;(b) personal-information use and disclosure;(c) data security;(d) record retention;(e) Campaign administration;(f) service-provider processing;(g) assignment and business transfers;(h) international transfers;(i) incident notification; and(j) legal compliance.Where a separate written agreement expressly conflicts with this Privacy Policy, the agreement will control for the applicable relationship to the extent:(a) stated in the agreement;(b) legally enforceable; and(c) permitted by applicable privacy law.A separate agreement does not:(a) eliminate a nonwaivable privacy right;(b) authorize unlawful processing;(c) create consent where valid consent has not been obtained;(d) authorize a materially incompatible use prohibited by applicable law; or(e) eliminate a legally required notice, choice, or safeguard.15.14 Corrections and Nonmaterial Revisions
Provocative Media may make nonmaterial revisions without providing separate direct notice unless applicable law requires otherwise.Nonmaterial revisions may include:(a) correcting spelling, grammar, punctuation, formatting, or cross-references;(b) improving readability;(c) reorganizing sections without materially changing their meaning;(d) updating [email protected] or other contact information;(e) updating a company name or Website address without changing the responsible legal entity;(f) identifying a replacement provider whose processing is not materially different;(g) clarifying an existing practice without expanding it;(h) correcting an inaccurate description to make the policy match existing lawful practices;(i) removing obsolete language; or(j) adding examples that do not materially change the stated practices.Provocative Media will update the Last Updated date when a nonmaterial revision is published.A revision will not be characterized as nonmaterial merely to avoid a legally required notice, consent, or choice.15.15 Prior Versions and Change Records
Provocative Media may retain:(a) prior versions of this Privacy Policy;(b) publication dates;(c) effective dates;(d) summaries of material revisions;(e) records of notices provided;(f) consent records;(g) screenshots or copies of Website notices;(h) the language displayed with affected forms;(i) applicable cookie or preference configurations; and(j) other records reasonably necessary to document its privacy representations and compliance.Prior versions may not remain continuously available through the public Website.An individual may request information concerning the version believed to have applied during a particular interaction by contacting [email protected].Where reasonably available and required by applicable law, Provocative Media may provide:(a) the applicable prior version;(b) the relevant provisions;(c) the applicable effective dates;(d) a summary of the change; or(e) another appropriate response.Provocative Media may redact information that is privileged, security-sensitive, confidential, proprietary, or otherwise legally protected.15.16 Questions About a Revision
Questions concerning this Privacy Policy or a revision to it may be submitted to:[email protected]The subject line should state:Privacy Policy QuestionThe inquiry should identify, where reasonably possible:(a) the provision or change in question;(b) the approximate date of the relevant interaction;(c) the version believed to apply;(d) the nature of the concern; and(e) sufficient contact information for Provocative Media to respond.A person should not submit passwords, complete financial-account information, taxpayer identification numbers, authentication codes, or other unnecessary sensitive information with the inquiry.15.17 Application of Applicable Law
If this Article conflicts with a nonwaivable requirement of applicable privacy or data-protection law, the applicable law controls.Nothing in this Article:(a) authorizes a materially retroactive change that applicable law prohibits;(b) treats publication of a revised policy as consent;(c) waives an applicable privacy right;(d) overrides a valid opt-out, objection, limitation, or withdrawal of consent;(e) replaces a required notice at collection;(f) replaces a required technical or contractual safeguard;(g) requires Provocative Media to continue a discontinued processing activity; or(h) prevents Provocative Media from adopting a more protective privacy practice.
16. CONTACT INFORMATION
16.1 Provocative Media Privacy Contact
Questions, requests, complaints, reports, or concerns concerning this Privacy Policy or Provocative Media’s processing of personal information may be submitted to:Provocative Media LLCPrivacy Email: [email protected]Business Mailing Address:Website: https://www.provocativemedia.comProvocative Media will insert a valid and monitored business mailing address before publishing this Privacy Policy.The Privacy Email is the primary contact method currently designated for privacy and data-protection matters.Where applicable law requires Provocative Media to provide an additional request method, such as:(a) a Website request form;(b) a toll-free telephone number;(c) a postal-mail procedure;(d) an in-person method; or(e) another legally required method,Provocative Media will make the applicable method available and identify it in this Privacy Policy or through another appropriate notice.16.2 Matters That May Be Submitted
The privacy contact may be used to submit:(a) requests to confirm whether Provocative Media processes personal information concerning the requester;(b) requests to access personal information;(c) requests to correct inaccurate personal information;(d) requests to delete personal information;(e) requests for a portable copy of eligible personal information;(f) withdrawal of consent where applicable;(g) objections to or requests to restrict certain processing where applicable;(h) marketing, newsletter, or other communication opt-out requests;(i) requests concerning the sale or sharing of personal information;(j) requests concerning targeted advertising;(k) requests concerning profiling or automated decision-making;(l) requests to limit certain uses or disclosures of sensitive personal information;(m) appeals of denied privacy requests where applicable;(n) questions concerning cookies, embedded content, analytics, or similar technologies;(o) reports concerning suspected phishing, impersonation, unauthorized access, fraudulent communications, or security incidents;(p) questions or requests involving Children or Minor Creators;(q) questions concerning international processing, transfers, or transfer safeguards;(r) questions concerning service-provider processing;(s) questions concerning a prior or current version of this Privacy Policy;(t) questions concerning changes to this Privacy Policy;(u) requests to update communication preferences; and(v) other privacy, data-protection, or information-security matters.Submitting a request through the Privacy Email does not guarantee that every requested right applies or that every requested action must be granted.Requests will be evaluated according to Article 9, the other applicable provisions of this Privacy Policy, and applicable law.16.3 Information to Include
To help Provocative Media understand, locate, and respond to a request, a communication may include, where relevant:(a) the requester’s name;(b) the email address, telephone number, or other contact information associated with the applicable interaction;(c) the Brand, Creator, Campaign, vendor, organization, profile, or other relationship involved;(d) the approximate date or period of the relevant interaction;(e) the privacy right, preference, report, or concern involved;(f) a clear description of the requested action;(g) the preferred method for receiving a response; and(h) other limited information reasonably necessary to locate the relevant records.A requester’s state, country, or other jurisdiction of residence should be provided only where:(a) it is relevant to determining the applicable legal rights;(b) Provocative Media requests it for that purpose; or(c) the requester chooses to provide it to assist with the request.A requester should not send through ordinary email:(a) passwords;(b) authentication codes;(c) Social Security numbers;(d) taxpayer identification numbers;(e) complete banking information;(f) complete payment-card information;(g) copies of government identification documents;(h) medical records;(i) biometric information; or(j) other unnecessary sensitive personal information.Where sensitive information is reasonably necessary for verification or another legally authorized purpose, Provocative Media may provide a more appropriate submission method.16.4 Optional Subject Lines
A person may use one of the following subject lines to assist with routing:Privacy RequestPrivacy Request AppealChild Privacy RequestSecurity ConcernMarketing Opt-OutPrivacy Policy QuestionThird-Party Link ConcernUse of a particular subject line is optional.Provocative Media will not disregard an otherwise understandable request solely because the sender:(a) used a different subject line;(b) omitted a subject line;(c) used general language;(d) sent the request through another reasonable business channel; or(e) did not cite a particular law or legal right.Provocative Media may ask the sender to clarify an ambiguous request or may direct the sender to the appropriate procedure where reasonably necessary.16.5 Verification of Certain Requests
For requests involving access, correction, deletion, portability, or disclosure of specific personal information, Provocative Media may request additional information reasonably necessary and legally permitted to:(a) verify the requester’s identity;(b) confirm that the requested records concern the requester;(c) verify authority to act for another individual;(d) prevent unauthorized access, correction, or deletion;(e) locate responsive records; and(f) respond securely.The verification method may depend on:(a) the nature of the request;(b) the sensitivity of the information;(c) the risk of unauthorized disclosure, alteration, or deletion;(d) the information already maintained by Provocative Media;(e) the requester’s relationship with Provocative Media; and(f) applicable law.Provocative Media will not request more information than is reasonably necessary and legally permitted for the applicable verification purpose.Information collected solely for verification will not be used for unrelated marketing or commercial purposes.16.6 Requests That Do Not Require Identity Verification
Provocative Media will not require a formal identity-verification process for an opt-out, limitation, objection, or preference request where applicable law prohibits or does not require verification.This may include requests concerning:(a) sale or sharing of personal information;(b) targeted advertising;(c) certain profiling or automated decision-making;(d) certain limitations on sensitive personal information;(e) promotional-email opt-outs;(f) text-message or telephone-marketing revocation; or(g) another preference that can reasonably be honored without verification.For such requests, Provocative Media may request only the limited information reasonably necessary to:(a) understand the requested preference;(b) identify the applicable email address, telephone number, browser, device, profile, or record;(c) implement the request;(d) document compliance; and(e) address a reasonably suspected fraudulent request where permitted by law.Where Provocative Media can honor a request without collecting additional information, it will not require unnecessary additional information.16.7 Authorized Agents and Representatives
An authorized agent or other representative submitting a request for another person should identify:(a) the individual on whose behalf the request is submitted;(b) the agent’s or representative’s name and contact information;(c) the particular request being made;(d) the scope of the agent’s authority; and(e) reasonable evidence of authorization where applicable.Depending on the request and applicable law, Provocative Media may request:(a) signed written permission;(b) evidence of the agent’s identity;(c) confirmation that the authorization covers the applicable request;(d) direct confirmation from the individual where permitted;(e) verification of the individual’s identity where permitted or required; or(f) a valid power of attorney or other legally recognized authority.Provocative Media will not require:(a) a power of attorney where applicable law does not permit that requirement;(b) notarization unless legally permitted and reasonably necessary;(c) direct confirmation where applicable law prohibits it; or(d) more documentation than reasonably necessary and legally permitted.A request may be denied or limited where:(a) sufficient authorization is not provided;(b) the request exceeds the representative’s authority;(c) the request appears fraudulent;(d) the requester’s authority cannot reasonably be confirmed; or(e) another legally permitted basis applies.16.8 Requests Concerning Children and Minor Creators
A Parent or legal guardian submitting a request concerning a Child under thirteen or a Minor Creator should use the subject line:Child Privacy RequestThe request should include only information reasonably necessary to:(a) identify the Child or Minor Creator;(b) identify the applicable submission, profile, Campaign, or relationship;(c) explain the requester’s relationship and authority;(d) describe the requested action; and(e) allow Provocative Media to respond securely.Provocative Media may request reasonable evidence of:(a) the requester’s identity;(b) the requester’s parental or legal authority; and(c) the relationship between the requester and the Child or Minor Creator.The requester should not submit unnecessary copies of government identification, Social Security cards, financial records, passwords, or other highly sensitive information through ordinary email.Requests concerning Children and Minor Creators will be handled under Articles 9 and 10 and applicable law.16.9 Security Reports
A person reporting suspected:(a) phishing;(b) impersonation;(c) fraudulent communications;(d) unauthorized access;(e) unauthorized disclosure;(f) suspicious payment instructions;(g) a compromised communication;(h) malicious links or attachments; or(i) another security concern involving Provocative Mediamay use the subject line:Security ConcernA report may include, where reasonably available:(a) the date and approximate time of the event;(b) the email address, telephone number, account, Website page, or Platform involved;(c) the relevant link or URL;(d) a description of the concern;(e) screenshots or copies of suspicious communications;(f) actions already taken; and(g) other information reasonably likely to assist with review.A security report should not contain:(a) passwords;(b) authentication or recovery codes;(c) complete banking information;(d) complete payment-card information;(e) unnecessary government identification information;(f) exploit code not reasonably necessary to describe the concern; or(g) personal information unrelated to the report.Submitting a security report does not authorize a person to:(a) access an account or system without permission;(b) scan, test, disrupt, exploit, or interfere with the Website or any system;(c) access another person’s information;(d) circumvent security controls; or(e) engage in unlawful activity.Provocative Media may review and respond to the report without disclosing:(a) confidential security controls;(b) privileged communications;(c) internal investigations;(d) another person’s personal information;(e) vulnerabilities that remain unremediated; or(f) other security-sensitive information.16.10 Marketing and Communication Preferences
A person requesting that promotional communications stop should identify:(a) the applicable email address, telephone number, or other contact channel;(b) the type of communication involved; and(c) the requested scope of the preference, where relevant.A requester may use the subject line:Marketing Opt-OutWhere available, the requester may also use:(a) an unsubscribe link;(b) a reply-based opt-out;(c) a recognized text-message keyword;(d) a Website preference mechanism; or(e) another method identified in the applicable communication.Provocative Media may retain a limited suppression record necessary to honor the preference.A promotional opt-out does not prevent non-promotional communications reasonably necessary for:(a) an active inquiry;(b) an agreement;(c) a Campaign;(d) payment or tax administration;(e) security;(f) legal compliance;(g) a privacy request; or(h) another recipient-requested or legally permitted purpose.16.11 General Business Inquiries
The Privacy Email is intended for:(a) privacy;(b) data protection;(c) communication preferences;(d) information security;(e) child-privacy matters; and(f) related compliance matters.General Creator, Brand, sponsorship, partnership, vendor, referral, sales, media, or other business inquiries should be submitted through the appropriate Website form or business contact channel.Provocative Media may:(a) redirect a non-privacy inquiry;(b) forward it to the appropriate business contact;(c) respond with the appropriate submission instructions; or(d) decline to process the inquiry through the Privacy Email.Information sent to the Privacy Email will remain subject to this Privacy Policy even when the communication is redirected internally.16.12 No Emergency Service
The Privacy Email is not monitored as an emergency-response service.It should not be used to report an immediate threat to life, physical safety, or property.A person facing an immediate emergency should contact the appropriate emergency service or law-enforcement authority.Provocative Media does not guarantee an immediate response to every communication.Response timing may depend on:(a) the nature and urgency of the matter;(b) the complexity of the request;(c) whether clarification or verification is required;(d) the volume and location of relevant records;(e) the involvement of service providers, counterparties, or professional advisers;(f) technical or security considerations; and(g) applicable legal requirements.Nothing in this Section extends a legally required response deadline.16.13 Responses and Request Status
Provocative Media will acknowledge, process, and respond to privacy requests within the periods required by applicable law.Depending on the request, Provocative Media may:(a) confirm receipt;(b) request clarification;(c) request legally permitted verification information;(d) identify an expected response period;(e) explain an extension where permitted;(f) complete the requested action;(g) provide responsive information;(h) deny or limit the request;(i) identify an applicable exception;(j) provide appeal instructions where required; or(k) explain that the requested processing activity is not conducted.A response may be provided electronically unless another method is required by law or reasonably necessary for security or accessibility.Provocative Media does not guarantee that every requested action will be granted.A request may be denied, limited, delayed, or clarified as described in Article 9 and applicable law.
16.14 Accessibility and Alternative Assistance
A person who cannot reasonably submit or understand a privacy request through the available method may contact [email protected] to request reasonable assistance or an alternative method.Where applicable and reasonably available, Provocative Media may provide assistance such as:(a) clarifying the available rights;(b) explaining the information needed to submit a request;(c) accepting a request through another reasonable channel;(d) providing information in an accessible electronic format;(e) communicating with an authorized representative; or(f) using another method required by applicable law.Provocative Media will not require a person to disclose unnecessary health, disability, or other sensitive information merely to request reasonable assistance.16.15 Formal Legal Notices and Contractual Communications
Unless an applicable agreement or law expressly provides otherwise, a communication sent to [email protected] does not necessarily constitute:(a) formal service of process;(b) a contractual notice;(c) a notice of breach under an agreement;(d) a demand sufficient to initiate litigation, arbitration, or mediation;(e) notice to an insurer;(f) notice required to exercise an assignment, termination, renewal, indemnification, or other contractual right; or(g) another formal legal notice.Formal notices concerning an agreement must be delivered according to the notice provisions contained in that agreement.This Section does not invalidate or diminish:(a) a privacy request properly submitted through the Privacy Email;(b) a marketing opt-out;(c) a consent withdrawal;(d) a security report;(e) a request concerning a Child or Minor Creator; or(f) another communication that applicable law permits to be submitted through the designated privacy contact.Provocative Media may choose to forward a legal or contractual communication to an appropriate recipient, but doing so does not waive an applicable notice requirement.16.16 No Confidential or Professional Relationship Created
Submitting a communication to the Privacy Email does not, by itself:(a) create an attorney-client relationship;(b) create an accountant-client relationship;(c) create an insurer-insured relationship;(d) create a fiduciary relationship;(e) create a confidential business relationship beyond obligations imposed by applicable law or an existing agreement;(f) establish representation by Provocative Media;(g) guarantee acceptance of an inquiry; or(h) require Provocative Media to provide legal advice.Provocative Media will nevertheless process personal information contained in the communication in accordance with this Privacy Policy and applicable law.16.17 Changes to Contact Information
Provocative Media may update its:(a) Privacy Email;(b) business mailing address;(c) Website address;(d) privacy-request form;(e) telephone number;(f) responsible privacy personnel; or(g) request proceduresby revising this Privacy Policy or providing another appropriate notice.Provocative Media will update published contact information within a reasonable period after a material change.Where reasonably practicable, Provocative Media may maintain forwarding, monitoring, or another transition procedure for a former privacy email address or request channel for a reasonable period.A requester should use the contact information appearing in the current version of this Privacy Policy.A change in contact information does not invalidate a request received through the previously published method while that method remained designated and operational.16.18 Contact Information Accuracy
Provocative Media will seek to maintain accurate and functional contact information in this Privacy Policy.Before publication and periodically thereafter, Provocative Media should confirm that:(a) [email protected] is active;(b) the mailbox is monitored;(c) authorized personnel can access it;(d) spam filtering does not improperly block ordinary privacy requests;(e) the mailing address is current and capable of receiving correspondence;(f) request-routing procedures are documented;(g) response deadlines can be tracked; and(h) privacy-request and suppression records can be maintained appropriately.The public identification of a contact method does not require Provocative Media to disclose the name, personal telephone number, home address, or personal email address of an employee or contractor.16.19 Relationship to Other Sections
This Article should be read together with:(a) Article 5 concerning sale, sharing, targeted advertising, profiling, and universal opt-out signals;(b) Article 7 concerning privacy-request and suppression-record retention;(c) Article 8 concerning security reports;(d) Article 9 concerning privacy rights, verification, authorized agents, responses, and appeals;(e) Article 10 concerning Children and Minor Creators;(f) Article 11 concerning marketing and business communications;(g) Article 12 concerning international privacy rights and transfers;(h) Article 13 concerning third-party links and profiles; and(i) Article 15 concerning changes to this Privacy Policy.Where another Article contains a more specific procedure for a particular request, the more specific provision applies, subject to applicable law.16.20 Application of Applicable Law
If this Article conflicts with a nonwaivable requirement of applicable privacy or data-protection law, the applicable law controls.Nothing in this Article:(a) restricts a right that cannot legally be restricted;(b) requires unnecessary personal information as a condition of submitting a request;(c) subjects an opt-out request to verification where verification is prohibited;(d) requires creation of an account where applicable law prohibits that requirement;(e) eliminates an applicable alternative request method;(f) extends a legally required response deadline;(g) converts a privacy request into formal service of process; or(h) prevents Provocative Media from offering a more accessible or protective request procedure.
Terms and Conditions.
These Website Terms and Conditions govern access to and use of the Provocative Media Website and the online forms, content, and features expressly covered by these Terms.These Website Terms and Conditions govern access to and use of the Provocative Media Website and the online forms, content, and features expressly covered by these Terms.Please read these Terms carefully before using the Website or submitting information through it.
1. ACCEPTANCE, SCOPE, AND ELIGIBILITY
1.1 Parties and Defined Terms
These Website Terms and Conditions (“Terms”) are between:Provocative Media LLC(“Provocative Media,” “we,” “us,” or “our”)and the person or organization accessing or using the Website(“you” or “your”).For purposes of these Terms:(a) “Website” means the public Website located at provocativemedia.com and the pages, forms, content, and features expressly covered by these Terms;(b) “Creator” has the meaning ordinarily used by Provocative Media for an individual, show, podcast, publication, channel, media brand, or other content-based business seeking or participating in commercial sponsorship opportunities;(c) “Brand” means a company, organization, advertiser, sponsor, agency, or other commercial party seeking or participating in a potential Campaign or business relationship;(d) “Campaign” means a sponsorship, advertising, promotional, licensing, or similar commercial engagement administered or arranged through Provocative Media; and(e) “Terms” includes these Website Terms and Conditions and any properly accepted additional terms that expressly supplement them.If you use the Website on behalf of an organization, “you” and “your” may include both you and the organization to the extent you are authorized to bind that organization.1.2 Acceptance of These Terms
You agree to these Terms when:(a) you select a checkbox, button, or other control that clearly states that the action constitutes agreement to these Terms;(b) you submit a Website form after receiving reasonably conspicuous notice that submission constitutes agreement to these Terms;(c) you electronically sign or otherwise affirmatively accept these Terms; or(d) you continue using the Website after receiving another legally sufficient form of notice that your continued use constitutes acceptance, to the extent that form of assent is enforceable under applicable law.Merely placing a link to these Terms in the Website footer does not necessarily establish that every visitor has agreed to every contractual provision.Where affirmative acceptance is required for a particular form, feature, transaction, or agreement, you must complete the applicable acceptance process before using that feature or completing that transaction.If you do not agree to these Terms, you must not:(a) affirmatively accept them;(b) submit a form that expressly requires agreement;(c) use a feature conditioned on agreement; or(d) complete a transaction governed by them.Your use of the Website remains subject to applicable law, intellectual-property rights, security restrictions, and other lawful Website notices regardless of whether a particular contractual provision requires separate affirmative assent.1.3 Website Acceptance Design
Where Provocative Media seeks to bind a user through a Website form or action, the applicable Website interface may provide:(a) a visible link to these Terms;(b) a clear statement that selecting the applicable button or checkbox constitutes agreement;(c) a separate link to the Privacy Policy;(d) an unchecked acceptance checkbox;(e) a button accompanied by conspicuous acceptance language; or(f) another reasonably clear assent mechanism.Provocative Media may maintain records concerning acceptance, including:(a) the applicable Terms version;(b) the date and time of acceptance;(c) the form or feature involved;(d) the acceptance language displayed;(e) the electronic action taken;(f) available technical information; and(g) other information reasonably necessary to document the transaction.An acknowledgment of the Privacy Policy describes notice of information practices and does not necessarily constitute consent to every processing activity described in that policy.1.4 Website Covered by These Terms
These Terms apply to:(a) the public Website located at provocativemedia.com;(b) Website pages, forms, materials, content, and features that display or link to these Terms;(c) Creator, Brand, vendor, partnership, sponsorship, referral, and general business inquiries submitted through the Website;(d) online submission and acceptance processes operated through the Website; and(e) another online service that expressly states that these Terms apply.These Terms do not automatically govern:(a) an unrelated third-party Website or Platform;(b) an independently operated social-media account or service;(c) every email, telephone call, direct message, or meeting occurring after a Website inquiry;(d) an offline transaction that does not incorporate these Terms;(e) a Campaign governed by a separate agreement; or(f) another service that does not display, link to, or expressly incorporate these Terms.A later communication or transaction may nevertheless remain subject to these Terms where the communication expressly incorporates them or directly administers an activity already governed by them.1.5 Nature and Purpose of the Website
The Website provides general information concerning Provocative Media, its Services, and potential commercial relationships involving Creators, Brands, sponsorships, Campaigns, vendors, contractors, referral partners, and related business opportunities.The Website is primarily:(a) an informational Website;(b) a business-inquiry channel;(c) a preliminary qualification and communication tool; and(d) a means of directing users to appropriate Provocative Media contacts or processes.Unless expressly stated otherwise, the Website does not:(a) create a customer or user account;(b) establish a Creator representation relationship;(c) establish a Brand services relationship;(d) establish a vendor or contractor relationship;(e) guarantee access to sponsorships, Brands, Creators, Campaigns, or other opportunities;(f) guarantee compensation, Campaign pricing, audience results, performance, or acceptance;(g) reserve Creator availability, Brand participation, inventory, pricing, or Services;(h) constitute a binding commercial offer merely because information is displayed;(i) provide legal, financial, accounting, tax, investment, employment, insurance, or other professional advice; or(j) create a fiduciary, agency, partnership, joint venture, employment, franchise, or other special relationship.Website descriptions are invitations to obtain information or begin discussions unless an applicable Website feature expressly states that a legally binding offer is being made.1.6 Relationship to the Privacy Policy
Provocative Media’s Privacy Policy describes how personal information may be collected, used, disclosed, retained, secured, transferred, and otherwise processed in connection with the Website and related interactions.The Privacy Policy is a separate privacy notice.Except where expressly stated otherwise:(a) agreement to these Terms does not constitute consent to every information practice described in the Privacy Policy;(b) acknowledgment of the Privacy Policy does not constitute agreement to every contractual provision in these Terms;(c) the Privacy Policy is not intended to create contractual rights beyond those created by applicable law or an express written agreement; and(d) a privacy right that cannot lawfully be waived is not waived by agreement to these Terms.These Terms govern use of the Website.The Privacy Policy governs Provocative Media’s public description of its handling of personal information.If these Terms conflict with the Privacy Policy concerning the collection, use, disclosure, retention, or other handling of personal information, the Privacy Policy will control for that subject, subject to:(a) applicable law;(b) a more specific notice provided at collection;(c) valid consent;(d) a binding data-processing provision; and(e) a controlling separate agreement.1.7 Separate Commercial Agreements
A commercial relationship with Provocative Media may be governed by one or more separate agreements or Campaign documents, including:(a) a Brand Services Agreement;(b) a Brand Statement of Work;(c) a Brand Change Order;(d) a Creator Sponsorship Representation Agreement;(e) a Creator Campaign Addendum;(f) a Creator Campaign Amendment;(g) a Vendor or Independent Contractor Agreement;(h) a Referral Agreement;(i) a Nondisclosure Agreement;(j) a release, license, authorization, or consent;(k) a Campaign Brief;(l) an electronic-signature document; or(m) another written commercial agreement.These Terms do not replace, amend, or expand a separately executed agreement.A separate agreement may impose additional obligations concerning:(a) Campaign participation;(b) Deliverables;(c) compensation and payment;(d) usage rights;(e) paid advertising and whitelisting;(f) exclusivity;(g) confidentiality;(h) intellectual property;(i) Non-Circumvention;(j) dispute resolution;(k) indemnification;(l) limitations of liability;(m) governing law; and(n) other commercial terms.1.8 Order of Precedence
If an express conflict exists among applicable documents, the following order will generally apply:(a) a separately signed agreement will control the relationship and subject matter it expressly governs;(b) a signed Campaign-specific document will control Campaign-specific matters to the extent provided in the governing agreement;(c) properly accepted feature-specific or transaction-specific terms will control the applicable feature or transaction;(d) these Terms will control general Website use; and(e) the Privacy Policy will control Provocative Media’s public description of its personal-information practices.A more specific document controls only the subject matter it addresses.A separate agreement does not:(a) waive a nonwaivable privacy right;(b) authorize unlawful processing;(c) expand intellectual-property or usage rights beyond those expressly granted;(d) create consent that applicable law requires to be obtained separately; or(e) eliminate a legally required notice, choice, or safeguard.1.9 No Amendment Through Informal Communications
Website content, advertisements, emails, proposals, presentations, calls, text messages, direct messages, meeting discussions, or other preliminary communications do not amend a signed agreement unless:(a) the governing agreement permits amendment through that method;(b) the communication clearly states that it is intended to amend the agreement;(c) all required approvals are obtained; and(d) the amendment satisfies applicable law.A discussion, estimate, preliminary proposal, or draft does not become binding merely because it was provided electronically.1.10 No Commercial Relationship Created by Website Use
Accessing the Website, submitting an inquiry, communicating with Provocative Media, providing information, or participating in preliminary discussions does not by itself:(a) appoint Provocative Media as a representative, agent, broker, adviser, manager, or service provider;(b) require Provocative Media to represent or provide Services to a Creator;(c) require Provocative Media to work with a Brand;(d) establish a vendor, contractor, partnership, employment, fiduciary, or joint-venture relationship;(e) require Provocative Media to make an introduction;(f) require Provocative Media to disclose the identity of a Brand or Creator;(g) create an obligation to present, negotiate, approve, or accept a Campaign;(h) create an obligation to provide a proposal or rate;(i) reserve availability, pricing, talent, inventory, or Services;(j) create exclusivity;(k) authorize direct Brand-Creator communications;(l) authorize use of content, identity, or intellectual property; or(m) bind Provocative Media to proposed terms.A binding commercial relationship arises only through:(a) a written agreement executed by an authorized representative of Provocative Media and the applicable counterparty; or(b) another designated process that expressly states that completion will create a binding agreement and satisfies applicable law.No employee, contractor, adviser, or representative has authority to bind Provocative Media except to the extent that authority has actually been granted.1.11 No Obligation to Review, Respond, or Proceed
Provocative Media may, but is not required to:(a) review an inquiry;(b) confirm receipt of a submission;(c) respond to a submission;(d) request additional information;(e) schedule a call or meeting;(f) evaluate a Creator, Brand, vendor, referral, or opportunity;(g) verify submitted information;(h) offer Services or representation;(i) make an introduction;(j) prepare or revise a proposal;(k) reserve a Campaign opportunity; or(l) enter into an agreement.Provocative Media may decline, pause, close, archive, or discontinue an inquiry or preliminary discussion at any time, subject to:(a) applicable law;(b) a binding written agreement;(c) a legally protected privacy request; and(d) another obligation expressly accepted by Provocative Media.No silence, delay, preliminary discussion, or failure to reject a proposal constitutes acceptance by Provocative Media.1.12 General Eligibility
You may use the Website only if:(a) you have the legal capacity necessary for the applicable use;(b) your use is lawful;(c) your use does not violate these Terms;(d) you are not prohibited from using the Website under applicable law;(e) you do not use the Website for a fraudulent, misleading, abusive, or unauthorized purpose;(f) information you submit is accurate to the best of your knowledge and is not intentionally misleading; and(g) you possess any authority reasonably necessary for the information, organization, or transaction involved.Provocative Media may restrict, suspend, or refuse Website access or submissions where it reasonably believes that an eligibility requirement has not been satisfied.1.13 Children Under Thirteen
The Website is not directed to Children under thirteen years of age.A Child under thirteen must not independently:(a) submit a Website form;(b) send a business inquiry;(c) provide personal information;(d) upload content or documents;(e) participate in material commercial communications; or(f) attempt to accept these Terms.A Parent or legal guardian may contact Provocative Media on behalf of a Child where appropriate.Nothing in these Terms constitutes:(a) parental consent;(b) authorization to collect personal information from a Child;(c) authorization for a Child to enter into a contract;(d) authorization for commercial use of a Child’s identity or content; or(e) satisfaction of any requirement under a child-privacy or child-performer law.Information concerning Children is governed more specifically by the Privacy Policy and applicable law.
1.14 Minor Users and Minor Creators
A person under eighteen years of age must not independently submit a material business inquiry, accept a commercial opportunity, or attempt to enter into a binding relationship with Provocative Media without appropriate Parent or legal-guardian involvement.Where a Minor Creator is involved, Provocative Media may require the Parent or legal guardian to:(a) initiate or approve the inquiry;(b) review and agree to these Terms on the Parent’s own behalf;(c) supervise the Minor’s Website use;(d) participate in material communications;(e) verify the Minor’s age;(f) verify parental or guardianship authority;(g) review proposed Campaign and business terms;(h) provide required permissions and releases;(i) execute applicable agreements; and(j) remain involved throughout the applicable Campaign or relationship.By permitting a Minor to use a Website feature, the Parent or legal guardian represents that the Parent or guardian:(a) possesses the legal authority to supervise the Minor;(b) has reviewed these Terms;(c) agrees to these Terms personally;(d) will supervise the Minor’s use; and(e) will provide accurate information concerning age and authority.Nothing in these Terms represents that:(a) a Minor has legal capacity to enter every agreement;(b) a Parent’s signature alone satisfies every applicable legal requirement;(c) a proposed Minor Creator agreement will be enforceable;(d) court approval, work permits, trust accounts, releases, or other protections are unnecessary; or(e) Provocative Media must accept a Minor Creator opportunity.Provocative Media may reject, suspend, or discontinue any inquiry involving a Minor where satisfactory adult participation, legal authority, or required documentation is not provided.1.15 Organizational Representatives
If you use the Website or submit information on behalf of a company, Brand, Creator business, podcast, show, publication, media organization, vendor, agency, partnership, limited liability company, corporation, or other entity, you represent that:(a) you are authorized to act for the entity in connection with the submission;(b) you are authorized to provide the submitted information;(c) you are authorized to communicate with Provocative Media concerning the inquiry;(d) your conduct does not violate a duty owed to the entity or another person;(e) your submission does not violate an applicable agreement or restriction; and(f) the information is accurate to the best of your knowledge.If you affirmatively accept these Terms on behalf of an entity, you represent that you possess authority to bind that entity to these Terms.Provocative Media may require separate evidence of:(a) identity;(b) organizational affiliation;(c) decision-making authority;(d) signing authority; or(e) another relevant authorization.Submitting an inquiry does not necessarily establish that you have authority to execute a commercial agreement for the entity.If you falsely claim organizational authority, you may remain individually responsible for your own representations, submissions, and unauthorized Website activity to the extent permitted by law.1.16 Information Concerning Other Persons
If you submit nonpublic personal information concerning another person, you represent that:(a) you are authorized to provide the information;(b) the information is reasonably relevant to a legitimate purpose;(c) you have provided any notice required by law;(d) you have obtained any permission required by law;(e) the information is accurate to the best of your knowledge; and(f) the disclosure does not violate a confidentiality, privacy, contractual, intellectual-property, publicity, or other legal right.Merely submitting a lawfully accessible public Website, profile, channel, or content link does not represent that you own the linked profile or content.You must not submit another person’s:(a) Social Security number;(b) taxpayer identification number;(c) banking credentials;(d) payment-card information;(e) account password;(f) authentication code;(g) government identification document;(h) private medical information;(i) biometric information;(j) precise private location information;(k) private communication; or(l) other highly sensitive informationunless Provocative Media specifically requests the information through an appropriate process and you are legally authorized to provide it.Provocative Media may delete, redact, restrict, return, or decline to process information that appears unnecessary, unauthorized, unlawful, or excessively sensitive.1.17 Geographic Availability
The Website is operated primarily from the United States.Access to the Website from a state, country, province, territory, or other jurisdiction does not represent that:(a) Provocative Media offers Services in that jurisdiction;(b) Provocative Media accepts relationships from that jurisdiction;(c) Provocative Media maintains an establishment there;(d) Provocative Media is registered or licensed to conduct every type of business there;(e) every Website feature is appropriate or lawful there;(f) every payment, Campaign, Creator arrangement, or Brand relationship may lawfully be offered there; or(g) every law of that jurisdiction applies to Provocative Media.You must not use the Website where your use would be unlawful.Provocative Media may:(a) restrict access from a jurisdiction;(b) decline an inquiry based on location;(c) require additional documentation;(d) modify available Services;(e) require a locally compliant agreement; or(f) discontinue an interactionwhere reasonably necessary for legal, regulatory, security, payment, sanctions, tax, insurance, operational, or commercial reasons.Nothing in this Section eliminates a nonwaivable right or obligation under applicable law.1.18 Inquiry-Related Electronic Communications
When you submit a Website form or electronic inquiry, you request and authorize Provocative Media to use the contact information you provide to communicate concerning:(a) receipt of the inquiry;(b) questions or requested information;(c) evaluation of the potential relationship;(d) scheduling and follow-up;(e) a proposal or agreement;(f) a reasonably related Campaign or opportunity;(g) verification or compliance matters;(h) privacy or security matters;(i) legal or operational notices; and(j) other communications reasonably expected from the context of the inquiry.Communications may be sent through:(a) email;(b) Website notices;(c) electronic documents;(d) electronic-signature requests;(e) telephone calls;(f) text messages where appropriate and legally permitted;(g) direct messages; or(h) another contact method supplied or approved by you.Providing contact information does not, by itself, constitute consent to:(a) an unrelated recurring newsletter;(b) automated promotional telephone calls;(c) automated promotional text messages;(d) prerecorded or artificial-voice marketing calls;(e) disclosure to unrelated marketers; or(f) unlimited future promotional communications.Marketing and communication practices are described more specifically in the Privacy Policy.1.19 Consent to Electronic Records
Agreement to receive ordinary inquiry-related email does not necessarily constitute consent to receive every legally required record electronically.Where applicable law requires a separate consumer consent process before a record legally required to be provided in writing may be delivered electronically, Provocative Media may provide additional disclosures concerning:(a) the records covered by the consent;(b) the right to receive paper copies;(c) the right to withdraw consent;(d) procedures for updating contact information;(e) applicable hardware and software requirements;(f) procedures for obtaining copies; and(g) other information required by law.Provocative Media may require separate affirmative consent before delivering such records electronically.Nothing in these Terms requires either party to conduct every transaction electronically where applicable law permits a party to decline electronic processing.1.20 Electronic Records, Signatures, and Approvals
Where the parties agree to conduct a transaction electronically, electronic records, signatures, approvals, acknowledgments, and communications may be used to document an agreement or business instruction to the extent permitted by applicable law.Provocative Media may require use of:(a) a designated electronic-signature provider;(b) a particular email address;(c) identity verification;(d) multifactor authentication;(e) an approval code;(f) a Platform-native authorization;(g) a designated form; or(h) another reasonable procedure.An electronic action will be attributed to a person only where the action is reasonably shown to be that person’s act.A typed name, email response, button selection, checkbox, form submission, digital signature, or similar action may constitute a binding signature or approval where:(a) the person intended to sign or approve;(b) the action is logically associated with the applicable record;(c) the person had reasonable notice of the applicable terms;(d) the action can reasonably be attributed to that person;(e) any required authentication procedure was completed; and(f) applicable law and the governing agreement support that result.A casual email, preliminary discussion, automated message, or accidental selection does not become a binding signature merely because it is electronic.1.21 Copies and Retention of Electronic Records
Where an electronic record is intended to establish a binding transaction, the parties should be able to access and retain an accurate copy of the applicable record to the extent required by law.Provocative Media may provide a copy through:(a) email;(b) an electronic-signature provider;(c) a downloadable file;(d) a secure document portal;(e) a Website confirmation page; or(f) another reasonable method.You are responsible for retaining copies of records provided to you that are relevant to your inquiry, approval, agreement, or transaction.Provocative Media’s retention of records is governed by:(a) the Privacy Policy;(b) the applicable agreement;(c) internal retention procedures; and(d) applicable law.1.22 Additional and Feature-Specific Terms
Certain Website forms, features, opportunities, Campaigns, downloads, content, or Services may be subject to additional:(a) eligibility requirements;(b) instructions;(c) notices;(d) disclosures;(e) consents;(f) licenses;(g) rules;(h) Campaign documents; or(i) contractual terms.Additional terms will supplement these Terms when properly presented and accepted.If properly accepted additional terms expressly conflict with these Terms, the additional terms will control only for the feature, transaction, Campaign, or relationship they specifically govern.A hidden, inaccessible, or insufficiently disclosed term does not become binding merely because Provocative Media intended it to apply.1.23 No Waiver of Mandatory Rights
Nothing in these Terms is intended to:(a) waive a right that applicable law does not permit to be waived;(b) limit liability that applicable law does not permit to be limited;(c) eliminate legally required notice or consent;(d) prevent a person from contacting a governmental or regulatory authority;(e) restrict a legally protected privacy request;(f) make an otherwise unlawful activity lawful; or(g) require acceptance of a provision that cannot legally be enforced.Where a provision is limited or prohibited by applicable law, it will apply only to the maximum extent legally permitted.1.24 Questions About These Terms
Questions concerning these Terms may be submitted through the general contact method identified on the Website.The subject line may state:Website Terms QuestionThe communication should identify the provision or Website feature involved and provide sufficient information for Provocative Media to understand and respond to the question.Privacy-related questions and requests should be submitted to:[email protected]Submitting a question does not constitute:(a) formal service of process;(b) formal contractual notice;(c) acceptance of a proposed agreement;(d) a waiver of an applicable notice requirement; or(e) an obligation for Provocative Media to provide legal advice.
2. PERMITTED USE OF THE WEBSITE
2.1 Limited Website License
Subject to these Terms, Provocative Media grants you a limited, revocable, nonexclusive, nontransferable, and nonsublicensable permission to access and use the Website solely:(a) for lawful purposes;(b) for personal or legitimate internal business purposes;(c) in a manner consistent with the Website’s intended functions;(d) through methods permitted by these Terms or separately authorized by Provocative Media; and(e) in compliance with applicable law.This permission is a limited contractual license and does not transfer to you:(a) ownership of the Website;(b) ownership of Website content;(c) ownership of any software, design, database, business method, or system;(d) any trademark, copyright, publicity, or other intellectual-property right;(e) any right to operate or control the Website;(f) any right to access nonpublic systems or information; or(g) any right not expressly granted by these Terms or a separate written agreement.The license granted under this Section applies only for as long as your use remains authorized under these Terms.2.2 Permitted Purposes
Subject to the other provisions of these Terms, you may use the Website to:(a) learn about Provocative Media and its business;(b) review publicly available descriptions of Provocative Media’s services and commercial model;(c) evaluate whether Provocative Media may be appropriate for a potential Creator, Brand, sponsorship, partnership, vendor, contractor, referral, or other business relationship;(d) review publicly available Website content;(e) submit a legitimate business inquiry through an available Website form;(f) communicate with Provocative Media concerning a submitted inquiry;(g) provide information reasonably relevant to evaluation of a potential relationship or opportunity;(h) review legal notices, privacy disclosures, Website terms, and other public materials;(i) report a technical, accessibility, privacy, security, or link-related concern;(j) share an ordinary link to a public Website page as permitted by these Terms; and(k) engage in another use expressly authorized by Provocative Media.Use of the Website for a permitted general purpose remains subject to any more specific restriction concerning the applicable content, form, feature, or activity.2.3 Personal and Internal Business Evaluation
Creators, Brands, media organizations, agencies, vendors, contractors, referral partners, professional advisers, and other legitimate business contacts may review publicly available Website materials for personal or internal purposes reasonably related to evaluating a possible relationship with Provocative Media.Permitted internal evaluation may include:(a) sharing a public Website link with authorized personnel;(b) sharing a public Website link with an attorney, accountant, consultant, procurement professional, insurer, or other professional adviser;(c) discussing Provocative Media’s publicly described services internally;(d) retaining limited excerpts or copies reasonably necessary to document an inquiry or evaluation;(e) reviewing public materials for legal, compliance, procurement, insurance, or approval purposes;(f) comparing Provocative Media’s publicly described services with legitimate business needs; and(g) preparing internal notes concerning a potential relationship.Internal evaluation does not authorize:(a) public republication;(b) resale;(c) operation of a public mirror or archive;(d) systematic extraction;(e) creation of a commercial database;(f) removal of ownership or attribution notices;(g) use of Website materials to impersonate Provocative Media;(h) use of copied Website materials in another person’s marketing;(i) creation of a confusingly similar Website; or(j) other exploitation not reasonably necessary for legitimate internal evaluation.Nothing in this Section prohibits independent competitive analysis based on ordinary human review of publicly available information to the extent that such activity is lawful and does not involve prohibited copying, automated extraction, circumvention, misrepresentation, or misuse.2.4 Legitimate Business Inquiries
You may use an available Website form or contact channel to submit a genuine inquiry concerning:(a) Creator representation or sponsorship support;(b) Brand services or Campaign opportunities;(c) podcasts;(d) shows;(e) newsletters;(f) publications;(g) independent media organizations;(h) media brands;(i) Creator businesses;(j) vendor or contractor services;(k) referrals;(l) strategic partnerships;(m) privacy or data-protection matters;(n) Website accessibility;(o) security concerns;(p) legal or compliance matters; and(q) another legitimate business matter reasonably related to Provocative Media.The Website does not currently invite general employment or career applications unless a specific Website page or notice expressly states otherwise.Where Provocative Media provides a form or contact method for a particular purpose, you should use the method reasonably appropriate to that inquiry.Use of an incorrect channel does not automatically invalidate a legitimate privacy request, marketing opt-out, security report, or other communication that applicable law requires Provocative Media to recognize.2.5 Accurate, Current, and Relevant Information
Information submitted through the Website must be:(a) accurate to the best of your knowledge;(b) not intentionally false or misleading;(c) reasonably complete for the stated purpose;(d) current when submitted;(e) reasonably relevant to the inquiry;(f) submitted for a legitimate purpose; and(g) provided with any authority or permission required by applicable law or contract.You must not knowingly:(a) omit a material fact in a manner that makes submitted information misleading;(b) submit fabricated audience or performance information;(c) falsify identity, age, authority, affiliation, or business status;(d) impersonate another person or organization;(e) present manipulated information as authentic;(f) conceal that an inquiry concerns a Minor where age is material; or(g) submit information that you know you are prohibited from providing.You should promptly correct or supplement materially inaccurate information while an inquiry, evaluation, proposal, or preliminary business discussion remains active.Provocative Media may reasonably rely on submitted information when deciding whether to:(a) review an inquiry;(b) request additional information;(c) evaluate a Creator, Brand, vendor, or opportunity;(d) make an introduction;(e) prepare a proposal;(f) negotiate terms;(g) conduct due diligence;(h) proceed with or decline an opportunity; or(i) take another related business action.2.6 Supporting Materials
Where reasonably relevant to an inquiry, you may submit or provide authorized access to materials such as:(a) public Website and profile links;(b) media kits;(c) public or authorized audience information;(d) analytics reports;(e) screenshots;(f) exported Platform reports;(g) proposals;(h) portfolios;(i) professional qualifications;(j) company or organizational information;(k) Campaign information;(l) sponsorship history;(m) content samples;(n) Brand or Creator background information; and(o) other materials reasonably requested or necessary for evaluation.You must possess the rights, permissions, or authority reasonably necessary to:(a) submit nonpublic materials;(b) disclose confidential information;(c) permit Provocative Media to access restricted materials;(d) provide another person’s personal information;(e) disclose analytics or Platform information; and(f) permit the review contemplated by the inquiry.Submitting materials does not represent that Provocative Media:(a) accepts them as accurate;(b) agrees to keep them confidential unless a confidentiality obligation applies;(c) agrees to use them;(d) agrees to return them;(e) agrees to pursue the opportunity; or(f) accepts any proposed terms.User-submitted content and materials are governed more specifically by the applicable User-Submitted Materials section of these Terms.2.7 Public Profile and Website Links
You may submit links to public Creator, Brand, podcast, show, newsletter, streaming, social-media, publishing, professional, or other business profiles reasonably relevant to a legitimate inquiry.Submitting a lawfully accessible public link permits Provocative Media to access and review information ordinarily made available through that link for purposes such as:(a) evaluating an inquiry;(b) conducting ordinary business due diligence;(c) evaluating audience, content, or commercial alignment;(d) reviewing Brand safety or compliance considerations;(e) evaluating a potential Campaign;(f) evaluating a vendor, referral, or partnership;(g) preventing fraud or impersonation; and(h) maintaining reasonable internal business records.Submitting a public link does not represent that:(a) you own the linked Website, profile, or content;(b) you control the applicable Platform;(c) you grant Provocative Media ownership of the linked materials;(d) the linked information is accurate; or(e) Provocative Media receives a commercial license to use the linked content.You must not submit a link for the purpose of causing Provocative Media to:(a) access unlawfully disclosed information;(b) bypass a password or access restriction;(c) circumvent a privacy setting;(d) access a private account without authorization;(e) violate Platform Rules;(f) violate a confidentiality obligation; or(g) obtain information through another unlawful method.2.8 Restricted and Nonpublic Information
Where nonpublic information is reasonably necessary for an inquiry or relationship, Provocative Media may request that it be provided through an appropriately limited method, such as:(a) screenshots;(b) exported analytics reports;(c) a secure file-transfer process;(d) Platform-native permissions;(e) read-only access;(f) role-based access;(g) a limited-duration link;(h) an electronic-signature or document provider; or(i) another designated submission method.You must not provide through an ordinary Website form or unsolicited email:(a) account passwords;(b) multifactor-authentication codes;(c) backup or recovery codes;(d) session cookies;(e) authentication tokens;(f) unrestricted login credentials;(g) online-banking credentials;(h) complete payment-card information;(i) Social Security numbers;(j) complete taxpayer identification numbers; or(k) other unnecessary highly sensitive information.Providing restricted access represents that you are authorized to grant the specific level of access provided.Authorization to review nonpublic information is limited to the stated business purpose and does not grant Provocative Media unrestricted control of the account or information.2.9 Creator Account and Platform Permissions
Where a potential or active Campaign requires access to Creator analytics, paid-advertising permissions, whitelisting, partnership advertising, branded-content functions, or similar Platform features, access should ordinarily be provided through:(a) Platform-native permissions;(b) business-manager roles;(c) advertising-account roles;(d) partnership-advertising codes;(e) limited Campaign permissions;(f) authorized third-party tools;(g) exported information; or(h) another reasonably secure method approved for the applicable Campaign.General Website use does not authorize Provocative Media to access or control a Creator account.Any Campaign-specific access remains subject to:(a) the applicable Creator Sponsorship Representation Agreement;(b) the applicable Creator Campaign Addendum;(c) any applicable Creator Campaign Amendment;(d) Platform Rules;(e) the scope and duration of the permission granted; and(f) applicable law.2.10 Printing, Downloading, and Saving Public Materials
You may print, download, save, or retain a reasonable number of copies of publicly available Website materials solely for:(a) personal reference;(b) legitimate internal business evaluation;(c) professional review;(d) procurement or approval review;(e) accessibility purposes;(f) recordkeeping concerning an inquiry; or(g) another purpose permitted by applicable law.Any permitted copy should retain applicable:(a) copyright notices;(b) trademark notices;(c) attribution;(d) disclaimers; and(e) proprietary notices.This limited permission does not authorize:(a) bulk downloading;(b) systematic archiving;(c) public redistribution;(d) resale;(e) operation of a mirror Website;(f) creation of a commercial content library;(g) removal of attribution or ownership notices;(h) use in another organization’s advertising or marketing;(i) use to falsely suggest affiliation or endorsement; or(j) creation of derivative commercial materials outside the scope of applicable law.2.11 Browser Functions and Accessibility Tools
Permitted Website access may include ordinary use of:(a) standard web browsers;(b) mobile browsers;(c) browser caching;(d) print and save functions;(e) browser translation;(f) password managers;(g) screen readers;(h) screen magnification;(i) refreshable Braille displays;(j) keyboard navigation;(k) voice-control or speech-recognition software;(l) text-to-speech tools;(m) captioning and transcription tools;(n) accessibility browser extensions;(o) operating-system accessibility features; and(p) other assistive technologies used to access and understand Website content.Use of an assistive technology is not prohibited merely because the technology:(a) automatically reads Website code;(b) reformats content;(c) creates a temporary accessible representation;(d) extracts text for immediate presentation to the user; or(e) interacts with Website elements through software.Assistive technologies must not be used as a pretext for:(a) bulk extraction;(b) database creation;(c) unauthorized security testing;(d) circumvention of access restrictions;(e) public republication; or(f) another activity prohibited by these Terms.Nothing in these Terms is intended to restrict a disability-related accommodation or assistive use that applicable law requires Provocative Media to permit.2.12 Ordinary Linking to the Website
You may provide an ordinary link to a publicly available Website page, provided that the link:(a) is lawful;(b) accurately identifies or fairly describes the linked page;(c) does not falsely suggest sponsorship, endorsement, affiliation, approval, representation, or partnership;(d) does not use Provocative Media’s name, logo, or trademarks deceptively;(e) does not obscure the destination of the link;(f) does not display the Website through unauthorized framing;(g) is not used in connection with fraud, impersonation, infringement, or deception;(h) does not interfere with Website operation or security; and(i) does not misrepresent Website content.An ordinary text link does not require prior written authorization merely because it links to the public Website.Provocative Media may request that a link be removed or corrected where it:(a) violates these Terms;(b) infringes intellectual-property rights;(c) falsely implies a relationship;(d) creates a material security concern;(e) directs users through a deceptive or malicious intermediary; or(f) otherwise creates a substantial legal or operational concern.2.13 Search Engines and Ordinary Indexing
Provocative Media may permit ordinary search engines and similar public-indexing services to access and index publicly available Website pages.Permitted indexing is subject to:(a) applicable robots.txt instructions;(b) robots meta tags;(c) HTTP directives;(d) rate limits;(e) access controls;(f) applicable technical instructions;(g) these Terms to the extent enforceable against the applicable operator; and(h) applicable law.Permission for ordinary search indexing does not authorize:(a) extraction of nonpublic information;(b) bypassing technical controls;
(c) ignoring applicable exclusion instructions;(d) excessive requests that burden the Website;(e) creation of a substitute commercial database;(f) use of Website content for unrelated model training or dataset creation;(g) republication of substantial Website content; or(h) another use exceeding ordinary search indexing.Provocative Media may modify its indexing instructions or technical controls at any time, subject to applicable law.2.14 Automated Access and Data Retrieval
Except for ordinary indexing permitted under Section 2.13 or another use expressly authorized by Provocative Media, you must obtain prior written authorization before using:(a) bots;(b) crawlers;(c) spiders;(d) scrapers;(e) automated browsers;(f) headless browsers;(g) data-mining tools;(h) automated form-submission tools;(i) monitoring tools;(j) automated downloaders;(k) application-programming interfaces not publicly offered by Provocative Media;(l) scripts designed to extract Website information; or(m) similar automated technologiesto access, interact with, monitor, copy, extract, submit to, test, or obtain information from the Website.A request for automated-access authorization should identify:(a) the requesting person or organization;(b) the proposed technology;(c) the pages or information involved;(d) the purpose;(e) the expected frequency and volume of access;(f) the period of access;(g) the intended retention and use of collected information; and(h) other information reasonably necessary to evaluate the request.Provocative Media may grant, condition, limit, or decline automated-access authorization.Any authorization may be subject to:(a) technical requirements;(b) rate limits;(c) security requirements;(d) attribution requirements;(e) use restrictions;(f) confidentiality obligations;(g) deletion requirements;(h) fees;(i) a separate written agreement; or(j) revocation.2.15 Artificial-Intelligence and Dataset Use
Except where expressly authorized by Provocative Media or permitted by nonwaivable applicable law, the Website license does not authorize systematic use of Website content, Website structure, submissions, or data to:(a) train an artificial-intelligence or machine-learning model;(b) fine-tune or evaluate a model;(c) create a training, benchmarking, or validation dataset;(d) populate a retrieval-augmented generation system;(e) create embeddings for a commercial database;(f) generate a substitute or derivative Website;(g) imitate Provocative Media’s branding, copy, design, or business presentation;(h) create synthetic content represented as originating from Provocative Media; or(i) provide an automated service that reproduces substantial Website functionality or content.This Section does not determine whether a particular activity independently qualifies as fair use or another statutory exception.Nothing in these Terms restricts a right or exception that cannot lawfully be waived or limited by contract.2.16 Website Contact Information
You may use contact information displayed through the Website to communicate concerning legitimate matters reasonably connected to:(a) Provocative Media’s business;(b) an inquiry;(c) a Campaign or potential Campaign;(d) a vendor or contractor matter;(e) a referral or partnership;(f) privacy or data protection;(g) Website accessibility;(h) security;(i) legal compliance; or(j) another appropriate business purpose.Publication of an email address, form, telephone number, employee name, or other contact information does not authorize:(a) unsolicited bulk communications;(b) automated solicitation;(c) inclusion in a purchased, rented, sold, or shared marketing list;(d) repeated unwanted contact;(e) harassment;(f) phishing;(g) impersonation;(h) collection for resale;(i) unrelated profiling;(j) disclosure to data brokers; or(k) another unlawful, deceptive, or abusive use.2.17 Privacy and Security Communications
You may use the contact methods identified in the Privacy Policy to:(a) submit a privacy request;(b) update a communication preference;(c) report suspected misuse of personal information;(d) report phishing or impersonation;(e) report an unauthorized disclosure;(f) raise a concern involving a Child or Minor Creator;(g) ask a question concerning cookies or tracking;(h) ask about international processing; or(i) submit another privacy-related matter.The Privacy Policy describes the applicable request procedures and information practices.You are not contractually required to “comply with” the Privacy Policy merely because you use the Website.You must, however, avoid submitting personal information in a manner that violates:(a) another person’s privacy rights;(b) applicable law;(c) a confidentiality obligation;(d) a contractual restriction; or(e) another provision of these Terms.2.18 Accessibility and Technical Reports
You may contact Provocative Media in good faith to report:(a) difficulty accessing Website content;(b) a broken link;(c) a Website error;(d) an inaccurate or unauthorized reference;(e) an accessibility concern;(f) a suspected security vulnerability;(g) a fraudulent or impersonating Website or account; or(h) another technical issue affecting legitimate Website use.A report may include:(a) the affected Website page;(b) the date and approximate time;(c) the browser or device involved;(d) a description of the problem;(e) screenshots;(f) steps that produced the issue; and(g) other information reasonably useful for understanding the concern.A report must not include:(a) threats;(b) extortionate demands;(c) malicious code;(d) unnecessary personal information;(e) passwords or authentication codes;(f) another person’s confidential information; or(g) information obtained through unauthorized access.2.19 No General Authorization for Security Testing
Permission to view the Website or report a suspected vulnerability does not authorize you to:(a) conduct penetration testing;(b) scan ports or systems;(c) conduct vulnerability scanning;(d) attempt to bypass access controls;(e) exploit a suspected vulnerability;(f) access nonpublic information;(g) test another person’s account;(h) deploy malicious code;(i) conduct denial-of-service testing;(j) alter, delete, download, or exfiltrate information;(k) interfere with Website operation; or(l) perform another form of security testingwithout Provocative Media’s prior written authorization.A person seeking authorization for security research must obtain express written permission defining:(a) the authorized systems;(b) the authorized methods;(c) the testing period;(d) prohibited activities;(e) reporting requirements;(f) data-handling requirements; and(g) other applicable conditions.Nothing in this Section represents that violating these Terms alone necessarily constitutes a criminal offense.Unauthorized activity may nevertheless result in contractual, civil, or criminal consequences where the elements of an applicable law are independently satisfied.2.20 Compliance With Applicable Law and Additional Terms
All Website use must comply with:(a) these Terms;(b) properly accepted additional terms applicable to a particular form, feature, or transaction;(c) laws applicable to the user and the applicable activity;(d) intellectual-property rights;(e) privacy and data-protection requirements;(f) confidentiality obligations;(g) advertising and communications laws;(h) Platform Rules where a Platform is involved;(i) export-control, sanctions, and trade restrictions where applicable; and(j) valid contractual or professional obligations owed to another person.A use is not authorized merely because:(a) the Website’s technical configuration does not prevent it;(b) Provocative Media has not detected it;(c) another person has engaged in similar conduct;(d) a public page can technically be copied;(e) information can be obtained through developer tools; or(f) an access-control measure is imperfect.Technical accessibility and contractual permission are separate questions.2.21 Statutory Rights and Legally Protected Uses
Nothing in this Article is intended to prohibit:(a) a use protected by applicable law that cannot be waived by contract;(b) a legally protected privacy request;(c) communication with a governmental or regulatory authority;(d) lawful reporting of suspected unlawful conduct;(e) lawful criticism, comment, news reporting, teaching, scholarship, or research;(f) a qualifying fair use;(g) lawful use of assistive technology;(h) activity expressly authorized by Provocative Media; or(i) another legally protected activity.The existence of a statutory exception does not automatically establish that every activity asserted to fall within that exception is lawful.The person relying on an exception remains responsible for ensuring that the applicable legal requirements are satisfied.2.22 No Implied Permission or Waiver
No failure by Provocative Media to:(a) block an activity;(b) apply a technical restriction;(c) detect access;(d) respond immediately;(e) object to an isolated use;(f) enforce a provision on a previous occasion; or(g) prevent information from being copiedconstitutes authorization, consent, waiver, abandonment, or permission for that activity.Permission must arise from:(a) these Terms;(b) another applicable Website notice;(c) a separate written authorization;(d) a binding agreement;(e) conduct clearly establishing permission; or(f) applicable law.A waiver of one violation does not constitute a waiver of another or continuing violation.2.23 Reservation of Rights
Provocative Media reserves all rights not expressly granted under these Terms.Except as expressly permitted, no provision grants a right to:(a) copy substantial Website content;(b) reproduce or distribute Website materials;(c) use Provocative Media’s trademarks;(d) create derivative commercial materials;(e) access nonpublic systems;(f) obtain Website source code;(g) use Website content in an automated dataset;(h) commercially exploit Website information;(i) sublicense Website access; or(j) use Provocative Media’s systems, identity, content, or intellectual property.Authorized use remains subject to:(a) applicable law;(b) third-party rights;(c) the Intellectual Property provisions of these Terms;(d) the User-Submitted Materials provisions;(e) applicable technical restrictions; and(f) any separate written agreement.2.24 Suspension, Restriction, and Revocation
Provocative Media may restrict, suspend, condition, or revoke permission to use the Website where it reasonably believes that:(a) these Terms have been violated;(b) the Website is being used for an unlawful or unauthorized purpose;(c) the user provided materially false or fraudulent information;(d) the user lacks required authority;(e) access threatens Website security or integrity;(f) access burdens or disrupts the Website;(g) access is connected to fraud, spam, abuse, impersonation, scraping, circumvention, or attempted unauthorized access;(h) access threatens another person’s rights, privacy, or safety;(i) restriction is required by a provider, court order, governmental request, or applicable law;(j) the Website or applicable feature is being modified or discontinued; or(k) restriction is otherwise reasonably necessary to protect Provocative Media, its systems, its relationships, or another person.Provocative Media may use measures such as:(a) rejecting a submission;(b) blocking an Internet Protocol address;(c) applying rate limits;(d) disabling a form;(e) restricting a particular feature;(f) revoking credentials or permissions;(g) requesting additional verification;(h) issuing a cease-and-desist demand;(i) terminating an authorized integration; or(j) pursuing another lawful measure.Where reasonably practicable and appropriate, Provocative Media may provide notice or an opportunity to correct the issue.Notice or an opportunity to cure is not required where immediate action is reasonably necessary because of:(a) security risk;(b) suspected fraud;(c) unlawful activity;(d) risk to another person;(e) system disruption;(f) preservation of evidence; or(g) a legal obligation.2.25 Effect of Revocation
After permission is revoked or restricted, you must stop the activity covered by the revocation or restriction.Revocation does not:(a) eliminate obligations arising before revocation;(b) authorize retention or continued use of information obtained unlawfully;(c) waive any right or remedy available to Provocative Media;(d) terminate a separate agreement unless that agreement provides otherwise;(e) prevent Provocative Media from preserving relevant records; or(f) prevent enforcement of provisions intended to survive termination of Website access.Any continuing commercial relationship remains governed by the applicable separate agreement.2.26 Relationship to Prohibited-Use and Intellectual-Property Provisions
This Article identifies affirmative permitted uses and limitations on the Website license.It should be read together with the provisions concerning:(a) prohibited conduct;(b) intellectual property;(c) trademarks;(d) User-Submitted Materials;(e) security;(f) disclaimers;(g) suspension and termination;(h) indemnification; and(i) remedies.A use not expressly listed as permitted is not automatically prohibited where the use is reasonably necessary for ordinary Website access, independently authorized, or protected by applicable law.If a more specific provision governs a particular activity, the more specific provision applies.
3. PROHIBITED CONDUCT
3.1 General Prohibition
You may not access or use the Website, its content, its forms, its systems, its communications, or information obtained through it for an unlawful, fraudulent, deceptive, abusive, unauthorized, infringing, or materially harmful purpose.Conduct may violate these Terms even where the Website’s technical configuration does not:(a) prevent the conduct;(b) detect the conduct;(c) display a warning;(d) require authentication;(e) impose a technical restriction; or(f) immediately block or respond to the conduct.Technical ability to perform an action does not, by itself, establish permission to perform that action.This Article is subject to:(a) the permitted uses stated in Article 2;(b) rights expressly granted by Provocative Media;(c) applicable law;(d) nonwaivable statutory rights; and(e) the protected activities described in Section 3.28.3.2 Unlawful Activity
You may not use the Website to knowingly:(a) violate a law or regulation applicable to you or the applicable activity;(b) solicit, facilitate, direct, assist, or promote unlawful conduct;(c) conceal or materially misrepresent unlawful conduct;(d) violate a binding court order, injunction, sanction, trade restriction, or regulatory requirement applicable to you;(e) evade a valid legal duty applicable to you;(f) induce another person to breach a legally enforceable obligation;(g) cause Provocative Media or another person to violate applicable law; or(h) use the Website as part of a fraudulent, deceptive, or unlawful scheme.The fact that an activity is lawful in one jurisdiction does not authorize the activity where another law validly governing the activity prohibits it.3.3 Unauthorized Access
You may not:(a) access or attempt to access a nonpublic area of the Website, server, account, database, network, file, communication, provider system, or related system without authorization;(b) exceed the scope, purpose, duration, or level of access granted to you;(c) access another person’s account or nonpublic information without authorization;(d) bypass, disable, defeat, evade, or interfere with an authentication, authorization, access-control, or security measure;(e) use another person’s password, account, session, link, token, code, permission, or credentials without authorization;(f) obtain, intercept, capture, test, guess, or attempt to derive passwords, authentication codes, recovery codes, session information, or access credentials;(g) access information after the applicable permission has expired or been revoked;(h) use information obtained through mistaken or unintended access after becoming aware that the access was not authorized;(i) exploit or attempt to exploit a vulnerability to gain unauthorized access; or(j) knowingly assist another person in unauthorized access.Access to a publicly available page through an ordinary permitted method does not become unauthorized merely because Provocative Media did not specifically invite you to view that page.3.4 Security Testing and Vulnerability Exploitation
Unless Provocative Media provides prior written authorization defining the permitted scope, you may not:(a) conduct penetration testing;(b) conduct vulnerability scanning;(c) scan ports, directories, files, endpoints, accounts, or provider systems;(d) test authentication or authorization controls;(e) conduct password spraying, credential stuffing, brute-force activity, or account-enumeration testing;(f) attempt to bypass rate limits, security controls, or abuse-prevention systems;(g) introduce test accounts, payloads, files, scripts, requests, or traffic intended to probe security;(h) exploit or demonstrate exploitation of a vulnerability;(i) access, copy, alter, download, retain, publish, disclose, or distribute information obtained through a vulnerability;(j) test another person’s account, submission, or information;(k) perform denial-of-service or load testing;(l) interfere with investigation or remediation of an incident; or(m) cause another person to conduct unauthorized testing.Written authorization for security testing may specify:(a) the authorized systems;(b) the authorized methods;(c) the testing period;(d) prohibited methods;(e) data-handling requirements;(f) reporting procedures;(g) confidentiality requirements; and(h) termination conditions.Permission concerning one system, method, or period does not authorize testing outside the stated scope.3.5 Good-Faith Security Reports
You may report a suspected security vulnerability or concern through the security contact method identified in the Privacy Policy.A report may describe a vulnerability that you observed through lawful and authorized use without:(a) conducting additional unauthorized testing;(b) accessing another person’s information;(c) retaining unnecessary personal information;(d) publicly disclosing an unremediated vulnerability;(e) disrupting the Website;(f) using the vulnerability for personal or commercial gain; or(g) threatening harm or unauthorized disclosure.You may not:(a) threaten to exploit a vulnerability unless payment or another benefit is provided;(b) threaten to disclose unlawfully obtained personal information;(c) demand compensation in exchange for returning, deleting, or not misusing information obtained without authorization;(d) intentionally increase the severity of a vulnerability; or(e) retain access after being instructed to stop.Provocative Media does not currently offer a public vulnerability-reward or bug-bounty program unless a separate written notice expressly states otherwise.The ability to submit a security report does not create:(a) authorization to conduct testing;(b) a general security-research safe harbor;(c) a promise of compensation;(d) immunity from applicable law;(e) a confidential relationship; or(f) an obligation for Provocative Media to adopt the reporter’s recommended remediation.Nothing in this Section restricts a legally protected report or disclosure that cannot lawfully be restricted.3.6 Malware and Harmful Code
You may not knowingly upload, submit, transmit, introduce, distribute, link to for a malicious purpose, or cause the execution of:(a) viruses;(b) worms;(c) Trojan horses;(d) ransomware;(e) spyware;(f) credential-stealing software;(g) malicious scripts;(h) destructive code;(i) corrupted or intentionally malformed files;(j) unauthorized tracking or surveillance software;(k) denial-of-service tools;(l) cryptojacking or unauthorized computing code;(m) logic bombs;(n) backdoors; or(o) other code, files, instructions, or material designed to access, monitor, disrupt, damage, alter, encrypt, destroy, exfiltrate, or interfere with systems, information, devices, communications, or users.This Section does not prohibit a good-faith report containing a nonexecutable description, screenshot, indicator, or other information reasonably necessary to explain a security concern.3.7 Interference With the Website
You may not:(a) disrupt or interfere with the operation, availability, integrity, security, or performance of the Website;(b) overload or attempt to overload the Website or its infrastructure;(c) generate excessive, abnormal, abusive, or malicious traffic;(d) cause or attempt to cause denial or degradation of service;(e) interfere with another visitor’s permitted Website use;(f) evade rate limits or technical restrictions;(g) repeatedly submit forms or requests in a manner intended to burden operations;(h) manipulate Website functionality for an unintended or deceptive purpose;(i) interfere with Website communications or routing;(j) consume resources through an abusive automated process; or(k) otherwise use the Website in a manner designed to impair its normal operation.Ordinary Website use, accessibility-tool use, browser functions, and reasonable good-faith submissions are not prohibited merely because they consume ordinary system resources.3.8 Automated Access, Scraping, and Systematic Extraction
Except for automated uses expressly permitted under Article 2 or separately authorized by Provocative Media, you may not use a:(a) robot;(b) spider;(c) crawler;(d) scraper;(e) data-mining tool;(f) automated browser;(g) headless browser;(h) artificial-intelligence agent;(i) script;(j) bot;(k) bulk-download process;(l) automated form-submission tool; or(m) other automated or systematic methodto access, monitor, copy, retrieve, extract, reproduce, collect, analyze, archive, submit information to, or otherwise interact with the Website.Prohibited automated activities may include:(a) building or supplementing a commercial database;(b) collecting contact information;(c) collecting Website content at scale;(d) training, fine-tuning, grounding, benchmarking, testing, or evaluating an artificial-intelligence or machine-learning system;(e) creating embeddings or a retrieval database;(f) operating a substitute or competing Website or service;(g) monitoring Provocative Media’s activity through repeated automated requests;(h) generating leads;(i) submitting bulk or automated inquiries;(j) identifying security vulnerabilities;(k) evading access restrictions; or(l) republishing substantial Website content.This Section does not prohibit:(a) ordinary search-engine indexing permitted under Article 2;(b) browser caching;(c) assistive technologies;(d) accessibility tools;(e) link-preview functions operating in an ordinary and nonabusive manner;(f) technologies expressly provided by Provocative Media; or(g) another automated use expressly permitted by applicable law that cannot lawfully be restricted.3.9 Contact and Data Harvesting
You may not systematically collect, compile, copy, extract, aggregate, or obtain contact or identifying information from the Website for:(a) unsolicited bulk marketing;(b) mass solicitation;(c) unauthorized list building;(d) unrelated lead generation;(e) data enrichment;(f) unrelated profiling;(g) resale or rental;(h) disclosure to a data broker;(i) harassment;(j) impersonation;(k) circumvention; or(l) another unauthorized purpose.The public display of an email address, business name, profile, employee name, telephone number, or contact method does not authorize:(a) automated harvesting;(b) bulk outreach;(c) resale;(d) inclusion in an unrelated commercial database; or(e) disclosure to unrelated marketers.This Section does not prohibit ordinary manual use of publicly displayed contact information for a genuine and reasonably relevant business communication permitted under Article 2.3.10 Spam and Unwanted Communications
You may not use Website forms, email addresses, telephone numbers, direct-message channels, or other contact methods to knowingly send or facilitate:(a) spam;(b) unsolicited bulk messages;(c) repeated irrelevant solicitations;(d) unauthorized automated outreach;(e) chain messages;(f) pyramid or multilevel-marketing solicitations;(g) deceptive sales messages;(h) unlawful commercial email;(i) unlawful automated calls or text messages;(j) malicious attachments or links;(k) communications sent under a false identity; or(l) nonessential communications that continue after Provocative Media has clearly requested that they stop.A single legitimate and reasonably relevant business inquiry is not prohibited merely because Provocative Media did not previously communicate with the sender.3.11 False, Fraudulent, or Misleading Submissions
You may not knowingly submit information that is:(a) materially false;(b) fraudulent;(c) deceptive;(d) fabricated;(e) forged;(f) altered in a misleading manner; or(g) incomplete where the omission causes the submission to be materially misleading.Prohibited conduct includes:(a) misrepresenting your identity;(b) impersonating another person or organization;(c) falsely claiming authority to represent a Brand, Creator, organization, or other party;(d) misrepresenting age, capacity, parental authority, or guardianship;(e) fabricating audience, engagement, view, download, subscriber, revenue, conversion, or performance information;(f) manipulating analytics or records to create a materially false impression;(g) concealing a material conflict, exclusivity obligation, representation arrangement, or restriction where disclosure is reasonably necessary to evaluate the inquiry;(h) submitting a fictitious Brand, Creator, Campaign, or business opportunity;(i) submitting forged or materially altered documents;(j) falsely claiming ownership or authorization concerning content or information;(k) using another person’s private contact information without authorization; or(l) falsely claiming that Provocative Media approved, offered, or agreed to a transaction.An innocent error or reasonable good-faith estimate is not a violation merely because it is later shown to be incorrect, provided that the information was not knowingly or recklessly misrepresented and is corrected when appropriate.3.12 Impersonation and False Affiliation
You may not:(a) impersonate Provocative Media, its personnel, a Brand, a Creator, a vendor, or another person;(b) create a deceptive Provocative Media account, profile, Website, domain, email address, page, document, or communication;(c) falsely state or imply that Provocative Media represents, sponsors, endorses, employs, approves, authorizes, or partners with you;(d) use Provocative Media’s name, logo, trademarks, Website design, or materials to create a misleading affiliation;(e) falsely represent that you may negotiate, contract, collect payment, provide instructions, or communicate for Provocative Media;(f) send false payment, banking, tax, or account instructions in Provocative Media’s name;(g) use a confusingly similar name, domain, handle, or branding for a fraudulent or deceptive purpose; or(h) alter an authentic Provocative Media communication to create a false impression.Lawful commentary, nominative reference, news reporting, criticism, parody, or identification of Provocative Media is not prohibited merely because it uses Provocative Media’s name, subject to applicable law.3.13 Intellectual-Property and Related Rights
You may not use the Website or submit materials in a manner that infringes, misappropriates, or otherwise violates another person’s:(a) copyright;(b) trademark;(c) service mark;(d) trade name;(e) patent;(f) trade secret;(g) publicity right;(h) privacy right;(i) moral right;(j) contractual right; or(k) other proprietary right.You may not remove, conceal, modify, falsify, or obscure an applicable:(a) copyright notice;(b) trademark notice;(c) attribution;(d) watermark;(e) rights-management indicator;(f) source identifier; or(g) other proprietary notice.Nothing in this Section expands any intellectual-property right beyond the protection provided by applicable law or a binding agreement.
3.1 General Prohibition
You may not access or use the Website, its content, its forms, its systems, its communications, or information obtained through it for an unlawful, fraudulent, deceptive, abusive, unauthorized, infringing, or materially harmful purpose.Conduct may violate these Terms even where the Website’s technical configuration does not:(a) prevent the conduct;(b) detect the conduct;(c) display a warning;(d) require authentication;(e) impose a technical restriction; or(f) immediately block or respond to the conduct.Technical ability to perform an action does not, by itself, establish permission to perform that action.This Article is subject to:(a) the permitted uses stated in Article 2;(b) rights expressly granted by Provocative Media;(c) applicable law;(d) nonwaivable statutory rights; and(e) the protected activities described in Section 3.28.3.2 Unlawful Activity
You may not use the Website to knowingly:(a) violate a law or regulation applicable to you or the applicable activity;(b) solicit, facilitate, direct, assist, or promote unlawful conduct;(c) conceal or materially misrepresent unlawful conduct;(d) violate a binding court order, injunction, sanction, trade restriction, or regulatory requirement applicable to you;(e) evade a valid legal duty applicable to you;(f) induce another person to breach a legally enforceable obligation;(g) cause Provocative Media or another person to violate applicable law; or(h) use the Website as part of a fraudulent, deceptive, or unlawful scheme.The fact that an activity is lawful in one jurisdiction does not authorize the activity where another law validly governing the activity prohibits it.3.3 Unauthorized Access
You may not:(a) access or attempt to access a nonpublic area of the Website, server, account, database, network, file, communication, provider system, or related system without authorization;(b) exceed the scope, purpose, duration, or level of access granted to you;(c) access another person’s account or nonpublic information without authorization;(d) bypass, disable, defeat, evade, or interfere with an authentication, authorization, access-control, or security measure;(e) use another person’s password, account, session, link, token, code, permission, or credentials without authorization;(f) obtain, intercept, capture, test, guess, or attempt to derive passwords, authentication codes, recovery codes, session information, or access credentials;(g) access information after the applicable permission has expired or been revoked;(h) use information obtained through mistaken or unintended access after becoming aware that the access was not authorized;(i) exploit or attempt to exploit a vulnerability to gain unauthorized access; or(j) knowingly assist another person in unauthorized access.Access to a publicly available page through an ordinary permitted method does not become unauthorized merely because Provocative Media did not specifically invite you to view that page.3.4 Security Testing and Vulnerability Exploitation
Unless Provocative Media provides prior written authorization defining the permitted scope, you may not:(a) conduct penetration testing;(b) conduct vulnerability scanning;(c) scan ports, directories, files, endpoints, accounts, or provider systems;(d) test authentication or authorization controls;(e) conduct password spraying, credential stuffing, brute-force activity, or account-enumeration testing;(f) attempt to bypass rate limits, security controls, or abuse-prevention systems;(g) introduce test accounts, payloads, files, scripts, requests, or traffic intended to probe security;(h) exploit or demonstrate exploitation of a vulnerability;(i) access, copy, alter, download, retain, publish, disclose, or distribute information obtained through a vulnerability;(j) test another person’s account, submission, or information;(k) perform denial-of-service or load testing;(l) interfere with investigation or remediation of an incident; or(m) cause another person to conduct unauthorized testing.Written authorization for security testing may specify:(a) the authorized systems;(b) the authorized methods;(c) the testing period;(d) prohibited methods;(e) data-handling requirements;(f) reporting procedures;(g) confidentiality requirements; and(h) termination conditions.Permission concerning one system, method, or period does not authorize testing outside the stated scope.3.5 Good-Faith Security Reports
You may report a suspected security vulnerability or concern through the security contact method identified in the Privacy Policy.A report may describe a vulnerability that you observed through lawful and authorized use without:(a) conducting additional unauthorized testing;(b) accessing another person’s information;(c) retaining unnecessary personal information;(d) publicly disclosing an unremediated vulnerability;(e) disrupting the Website;(f) using the vulnerability for personal or commercial gain; or(g) threatening harm or unauthorized disclosure.You may not:(a) threaten to exploit a vulnerability unless payment or another benefit is provided;(b) threaten to disclose unlawfully obtained personal information;(c) demand compensation in exchange for returning, deleting, or not misusing information obtained without authorization;(d) intentionally increase the severity of a vulnerability; or(e) retain access after being instructed to stop.Provocative Media does not currently offer a public vulnerability-reward or bug-bounty program unless a separate written notice expressly states otherwise.The ability to submit a security report does not create:(a) authorization to conduct testing;(b) a general security-research safe harbor;(c) a promise of compensation;(d) immunity from applicable law;(e) a confidential relationship; or(f) an obligation for Provocative Media to adopt the reporter’s recommended remediation.Nothing in this Section restricts a legally protected report or disclosure that cannot lawfully be restricted.3.6 Malware and Harmful Code
You may not knowingly upload, submit, transmit, introduce, distribute, link to for a malicious purpose, or cause the execution of:(a) viruses;(b) worms;(c) Trojan horses;(d) ransomware;(e) spyware;(f) credential-stealing software;(g) malicious scripts;(h) destructive code;(i) corrupted or intentionally malformed files;(j) unauthorized tracking or surveillance software;(k) denial-of-service tools;(l) cryptojacking or unauthorized computing code;(m) logic bombs;(n) backdoors; or(o) other code, files, instructions, or material designed to access, monitor, disrupt, damage, alter, encrypt, destroy, exfiltrate, or interfere with systems, information, devices, communications, or users.This Section does not prohibit a good-faith report containing a nonexecutable description, screenshot, indicator, or other information reasonably necessary to explain a security concern.3.7 Interference With the Website
You may not:(a) disrupt or interfere with the operation, availability, integrity, security, or performance of the Website;(b) overload or attempt to overload the Website or its infrastructure;(c) generate excessive, abnormal, abusive, or malicious traffic;(d) cause or attempt to cause denial or degradation of service;(e) interfere with another visitor’s permitted Website use;(f) evade rate limits or technical restrictions;(g) repeatedly submit forms or requests in a manner intended to burden operations;(h) manipulate Website functionality for an unintended or deceptive purpose;(i) interfere with Website communications or routing;(j) consume resources through an abusive automated process; or(k) otherwise use the Website in a manner designed to impair its normal operation.Ordinary Website use, accessibility-tool use, browser functions, and reasonable good-faith submissions are not prohibited merely because they consume ordinary system resources.3.8 Automated Access, Scraping, and Systematic Extraction
Except for automated uses expressly permitted under Article 2 or separately authorized by Provocative Media, you may not use a:(a) robot;(b) spider;(c) crawler;(d) scraper;(e) data-mining tool;(f) automated browser;(g) headless browser;(h) artificial-intelligence agent;(i) script;(j) bot;(k) bulk-download process;(l) automated form-submission tool; or(m) other automated or systematic methodto access, monitor, copy, retrieve, extract, reproduce, collect, analyze, archive, submit information to, or otherwise interact with the Website.Prohibited automated activities may include:(a) building or supplementing a commercial database;(b) collecting contact information;(c) collecting Website content at scale;(d) training, fine-tuning, grounding, benchmarking, testing, or evaluating an artificial-intelligence or machine-learning system;(e) creating embeddings or a retrieval database;(f) operating a substitute or competing Website or service;(g) monitoring Provocative Media’s activity through repeated automated requests;(h) generating leads;(i) submitting bulk or automated inquiries;(j) identifying security vulnerabilities;(k) evading access restrictions; or(l) republishing substantial Website content.This Section does not prohibit:(a) ordinary search-engine indexing permitted under Article 2;(b) browser caching;(c) assistive technologies;(d) accessibility tools;(e) link-preview functions operating in an ordinary and nonabusive manner;(f) technologies expressly provided by Provocative Media; or(g) another automated use expressly permitted by applicable law that cannot lawfully be restricted.3.9 Contact and Data Harvesting
You may not systematically collect, compile, copy, extract, aggregate, or obtain contact or identifying information from the Website for:(a) unsolicited bulk marketing;(b) mass solicitation;(c) unauthorized list building;(d) unrelated lead generation;(e) data enrichment;(f) unrelated profiling;(g) resale or rental;(h) disclosure to a data broker;(i) harassment;(j) impersonation;(k) circumvention; or(l) another unauthorized purpose.The public display of an email address, business name, profile, employee name, telephone number, or contact method does not authorize:(a) automated harvesting;(b) bulk outreach;(c) resale;(d) inclusion in an unrelated commercial database; or(e) disclosure to unrelated marketers.This Section does not prohibit ordinary manual use of publicly displayed contact information for a genuine and reasonably relevant business communication permitted under Article 2.3.10 Spam and Unwanted Communications
You may not use Website forms, email addresses, telephone numbers, direct-message channels, or other contact methods to knowingly send or facilitate:(a) spam;(b) unsolicited bulk messages;(c) repeated irrelevant solicitations;(d) unauthorized automated outreach;(e) chain messages;(f) pyramid or multilevel-marketing solicitations;(g) deceptive sales messages;(h) unlawful commercial email;(i) unlawful automated calls or text messages;(j) malicious attachments or links;(k) communications sent under a false identity; or(l) nonessential communications that continue after Provocative Media has clearly requested that they stop.A single legitimate and reasonably relevant business inquiry is not prohibited merely because Provocative Media did not previously communicate with the sender.3.11 False, Fraudulent, or Misleading Submissions
You may not knowingly submit information that is:(a) materially false;(b) fraudulent;(c) deceptive;(d) fabricated;(e) forged;(f) altered in a misleading manner; or(g) incomplete where the omission causes the submission to be materially misleading.Prohibited conduct includes:(a) misrepresenting your identity;(b) impersonating another person or organization;(c) falsely claiming authority to represent a Brand, Creator, organization, or other party;(d) misrepresenting age, capacity, parental authority, or guardianship;(e) fabricating audience, engagement, view, download, subscriber, revenue, conversion, or performance information;(f) manipulating analytics or records to create a materially false impression;(g) concealing a material conflict, exclusivity obligation, representation arrangement, or restriction where disclosure is reasonably necessary to evaluate the inquiry;(h) submitting a fictitious Brand, Creator, Campaign, or business opportunity;(i) submitting forged or materially altered documents;(j) falsely claiming ownership or authorization concerning content or information;(k) using another person’s private contact information without authorization; or(l) falsely claiming that Provocative Media approved, offered, or agreed to a transaction.An innocent error or reasonable good-faith estimate is not a violation merely because it is later shown to be incorrect, provided that the information was not knowingly or recklessly misrepresented and is corrected when appropriate.3.12 Impersonation and False Affiliation
You may not:(a) impersonate Provocative Media, its personnel, a Brand, a Creator, a vendor, or another person;(b) create a deceptive Provocative Media account, profile, Website, domain, email address, page, document, or communication;(c) falsely state or imply that Provocative Media represents, sponsors, endorses, employs, approves, authorizes, or partners with you;(d) use Provocative Media’s name, logo, trademarks, Website design, or materials to create a misleading affiliation;(e) falsely represent that you may negotiate, contract, collect payment, provide instructions, or communicate for Provocative Media;(f) send false payment, banking, tax, or account instructions in Provocative Media’s name;(g) use a confusingly similar name, domain, handle, or branding for a fraudulent or deceptive purpose; or(h) alter an authentic Provocative Media communication to create a false impression.Lawful commentary, nominative reference, news reporting, criticism, parody, or identification of Provocative Media is not prohibited merely because it uses Provocative Media’s name, subject to applicable law.3.13 Intellectual-Property and Related Rights
You may not use the Website or submit materials in a manner that infringes, misappropriates, or otherwise violates another person’s:(a) copyright;(b) trademark;(c) service mark;(d) trade name;(e) patent;(f) trade secret;(g) publicity right;(h) privacy right;(i) moral right;(j) contractual right; or(k) other proprietary right.You may not remove, conceal, modify, falsify, or obscure an applicable:(a) copyright notice;(b) trademark notice;(c) attribution;(d) watermark;(e) rights-management indicator;(f) source identifier; or(g) other proprietary notice.Nothing in this Section expands any intellectual-property right beyond the protection provided by applicable law or a binding agreement.
3.14 Unauthorized Copying and Commercial Exploitation
Except as permitted by Article 2, a separate written authorization, or applicable law, you may not systematically or substantially:(a) copy;(b) reproduce;(c) republish;(d) distribute;(e) publicly display;(f) publicly perform;(g) adapt;(h) translate;(i) modify;(j) create derivative commercial materials from;(k) sell;(l) license;(m) monetize; or(n) commercially exploitthe Website or its protected content, design, graphics, branding, forms, copy, layouts, or other materials.You may not use protected Website expression, nonpublic information, or confidential business materials to create a confusingly similar or substitute service.This Section does not prohibit:(a) independent development;(b) lawful competition;(c) use of unprotectable ideas, facts, methods, or concepts;(d) ordinary review of public information;(e) qualifying fair use;(f) lawful criticism or commentary; or(g) another use that applicable law permits and does not allow the parties to prohibit.3.15 Reverse Engineering and Technical Circumvention
To the extent permitted by applicable law, you may not:(a) reverse engineer;(b) decompile;(c) disassemble;(d) decode;(e) derive or attempt to derive source code from;(f) bypass or circumvent an effective technical restriction affecting;(g) alter the intended operation of; or(h) attempt to discover nonpublic structure, logic, code, interfaces, systems, or functionality ofthe Website or related software, integrations, or technology.This restriction does not apply to the extent that:(a) Provocative Media expressly authorizes the activity;(b) applicable law grants a right that cannot be waived;(c) a valid statutory exception applies;(d) the activity is necessary for lawful interoperability and satisfies all applicable legal conditions; or(e) another legally protected basis applies.The existence of a copyright or reverse-engineering exception does not independently authorize access to another person’s system, account, or information.3.16 Privacy and Confidentiality Violations
You may not use the Website to knowingly:(a) collect, access, use, or disclose personal information without appropriate authority or legal basis;(b) unlawfully invade another person’s privacy;(c) disclose confidential or nonpublic information without authorization;(d) submit another person’s trade secrets or privileged information without authorization;(e) dox, stalk, threaten, unlawfully monitor, or harass another person;(f) publish another person’s sensitive personal information without authority;(g) obtain personal information through fraud, deception, impersonation, or unauthorized access;(h) violate a confidentiality, nondisclosure, privacy, or data-protection obligation applicable to you; or(i) submit information concerning a Child or Minor Creator without appropriate authority.This Section does not prohibit legally protected disclosures described in Section 3.28.3.17 Harmful, Abusive, or Unlawful Content
You may not knowingly submit, transmit, upload, or direct Provocative Media to material that:(a) contains a credible unlawful threat of violence or physical harm;(b) solicits or facilitates criminal conduct;(c) unlawfully harasses, stalks, intimidates, or threatens another person;(d) knowingly makes a materially false factual statement that is independently unlawful;(e) sexually exploits or endangers a Child;(f) constitutes child sexual abuse material;(g) constitutes unlawful intimate imagery;(h) contains malicious code;(i) unlawfully discloses highly sensitive personal information;(j) infringes intellectual-property, privacy, publicity, or confidentiality rights;(k) is submitted as part of fraud, extortion, blackmail, or coercion; or(l) is otherwise unlawful to submit or possess in the applicable circumstances.Provocative Media may restrict access to, preserve, or report material where reasonably necessary to:(a) protect safety;(b) preserve evidence;(c) investigate misuse;(d) comply with law;(e) cooperate with a Platform or provider; or(f) protect another person’s rights.Nothing in this Section requires Provocative Media to retain unlawful content longer than legally necessary or appropriate.3.18 Manipulation of Forms and Communications
You may not knowingly:(a) submit a form using fabricated or unauthorized contact information;(b) manipulate form fields, parameters, headers, routing information, or submission data for a fraudulent, harmful, or unauthorized purpose;(c) use technical means to bypass a material eligibility, security, consent, or validation requirement;(d) inject content outside the intended scope of a form for a malicious purpose;(e) repeatedly resubmit a rejected or closed inquiry through false identities;(f) forge an email header, sender address, signature, timestamp, approval, or electronic record;(g) alter the apparent source or destination of a communication;(h) interfere with proper routing or receipt of a submission;(i) falsify acceptance of Website terms or another agreement; or(j) use automated means to submit forms without authorization.Ordinary browser autofill, password managers, accessibility tools, translation tools, and other permitted browser functions do not violate this Section merely because they interact with form fields automatically.3.19 Improper Solicitation, Diversion, and Circumvention
You may not use:(a) nonpublic information obtained through the Website;(b) information obtained through deception;(c) information obtained through a false inquiry;(d) restricted contact information;(e) confidential Campaign or opportunity information; or(f) an unauthorized introductionto:(a) divert a potential or existing opportunity through fraud or deception;(b) falsely claim that Provocative Media authorized an introduction;(c) bypass Provocative Media in violation of a binding obligation;(d) induce another person to breach an agreement with Provocative Media;(e) misuse confidential information to solicit a protected relationship;(f) interfere unlawfully with a Campaign or negotiation; or(g) exploit the inquiry process to obtain confidential information for an unrelated purpose.This Section does not create:(a) a general noncompetition obligation;(b) a general non-solicitation obligation;(c) a non-circumvention obligation broader than one imposed by a separate agreement or applicable law;(d) ownership by Provocative Media of publicly available relationships; or(e) a prohibition against lawful independent business activity.3.20 Competitive and Investigative Misuse
You may not use a false identity, false affiliation, deceptive pretext, or materially misleading inquiry to:(a) obtain confidential pricing or financial information;(b) identify nonpublic Brands, Creators, vendors, or opportunities;(c) obtain internal relationship information;(d) obtain trade secrets or confidential business methods;(e) test qualification or security procedures through deception;(f) interfere with negotiations or relationships;(g) misappropriate protected materials; or(h) create a false record of interest or proposed business activity.This Section does not prohibit:(a) ordinary review of publicly available Website information;(b) lawful market research;(c) lawful competitive analysis;(d) legitimate journalism;(e) academic research;(f) independent development;(g) lawful mystery shopping where applicable and not otherwise deceptive or unlawful; or(h) another legally protected activity.3.21 Reviews, Testimonials, Endorsements, and Public Statements
You may not use the Website or a relationship initiated through it to:(a) create or arrange a fake review or testimonial;(b) impersonate a customer, Creator, Brand, employee, or independent reviewer;(c) falsely claim experience with Provocative Media;(d) fabricate or materially alter a testimonial;(e) purchase, sell, or provide compensation for a review conditioned on expressing a particular positive or negative sentiment;(f) conceal a material relationship where disclosure is legally required;(g) falsely represent that a Provocative Media-controlled review page is independent;(h) submit fake indicators of social-media influence;(i) threaten unlawful harm to obtain removal or modification of an honest review;(j) use a knowingly unfounded legal threat to suppress a lawful review;(k) threaten to publish information known to be false in exchange for money, Services, or another benefit; or(l) knowingly publish a materially false factual statement where the statement is independently actionable under applicable law.Nothing in these Terms prohibits or penalizes:(a) an honest review;(b) a truthful description of an experience;(c) lawful criticism;(d) a complaint;(e) a good-faith opinion;(f) a communication with a regulator;(g) truthful testimony;(h) a report of suspected unlawful conduct; or(i) another review or statement protected by applicable law.Provocative Media may dispute, respond to, investigate, or seek lawful remedies concerning content that it reasonably believes is fraudulent, defamatory, threatening, infringing, or otherwise unlawful.3.22 Artificial-Intelligence and Automated-System Misuse
Except as expressly permitted by Provocative Media or applicable law, you may not use an artificial-intelligence or automated system to:(a) impersonate Provocative Media or another person;(b) fabricate communications, approvals, signatures, analytics, testimonials, Campaign records, or other business records;(c) generate spam or bulk submissions;(d) scrape or systematically extract Website content;(e) bypass security or access restrictions;(f) create deceptive synthetic media represented as originating from or approved by Provocative Media;(g) create false Creator, Brand, or Campaign profiles;(h) produce misleading evidence of authority, age, consent, performance, or engagement;(i) automate harassment, fraud, impersonation, or unlawful outreach; or(j) reproduce substantial Website functionality or protected content as a substitute service.Unless Provocative Media provides prior written permission, the Website license does not authorize systematic use of Website content or data to:(a) train;(b) fine-tune;(c) ground;(d) benchmark;(e) test;(f) validate;(g) evaluate; or(h) improvean artificial-intelligence, machine-learning, language, recommendation, or automated-decision system.This Section does not restrict an applicable statutory right or exception that cannot lawfully be waived.3.23 Evasion of Restrictions
After receiving notice of a restriction, suspension, revocation, block, or instruction to stop, you may not intentionally evade it by:(a) using another identity;(b) using another email address or telephone number;(c) using another account, device, domain, or Internet Protocol address;(d) acting through another person;(e) rotating proxies or automated systems;(f) altering identifiers;(g) resubmitting substantially the same prohibited material;(h) creating a replacement account or authorization; or(i) using another method designed to conceal the source or nature of the restricted activity.Ordinary use of privacy-protective tools, dynamic Internet Protocol addresses, shared networks, or virtual private networks is not prohibited merely because those technologies are used.A violation occurs where such technology is intentionally used to evade a specific valid restriction or facilitate other prohibited conduct.3.24 Attempts and Assistance
You may not knowingly:(a) attempt to engage in prohibited conduct;(b) direct another person to engage in prohibited conduct;(c) materially assist prohibited conduct;(d) provide tools or credentials for prohibited conduct;(e) finance prohibited conduct;(f) conceal prohibited conduct;(g) coordinate prohibited conduct; or(h) induce another person to violate these Terms.An unsuccessful attempt may be treated as a violation where the person intentionally takes a substantial step toward completing the prohibited activity.Mere knowledge of another person’s activity, without assistance, direction, participation, or a legal duty to act, does not by itself constitute a violation.3.25 Website Monitoring, Investigation, and Preservation
Subject to applicable law and the Privacy Policy, Provocative Media may:(a) maintain Website and server logs;(b) monitor Website traffic and form activity;(c) use spam, fraud, abuse, and security-detection tools;(d) review submissions and communications sent to Provocative Media;(e) investigate suspected violations;(f) preserve relevant records;(g) restrict or block access;(h) communicate with affected persons or service providers;(i) seek assistance from attorneys, insurers, security professionals, or other advisers;(j) report suspected conduct to Platforms, hosting providers, regulators, or law-enforcement authorities; and(k) take other lawful protective or remedial action.This Section does not authorize Provocative Media to access or monitor:(a) your private device;(b) your unrelated accounts;(c) your private communications not sent to or made available to Provocative Media;(d) information outside Provocative Media’s lawful access; or(e) another person’s systems without authorization.Provocative Media is not required to monitor every user, activity, communication, link, or submission and does not guarantee that prohibited conduct will be detected, investigated, or prevented.3.26 Rejection, Restriction, and Removal of Submissions
Provocative Media may reject, quarantine, restrict, redact, delete, or decline to review a submission that:(a) violates these Terms;(b) appears fraudulent, deceptive, abusive, or unauthorized;(c) is materially unrelated to the Website’s intended purposes;(d) contains malicious code or unsafe material;(e) infringes another person’s rights;(f) contains unnecessary sensitive personal information;(g) creates a material security or legal concern;(h) is duplicative, spam, or automated without authorization;(i) cannot reasonably be verified where verification is appropriate; or(j) is otherwise inappropriate for the applicable Website form or business process.Provocative Media may preserve a copy where reasonably necessary to:(a) document misuse;(b) prevent fraud;(c) maintain security;(d) resolve a dispute;(e) comply with law;(f) comply with a legal hold; or(g) establish, exercise, or defend legal claims.Provocative Media is not required to return submitted materials except where required by applicable law or a binding written agreement.3.27 Suspension and Enforcement
Where Provocative Media reasonably believes these Terms have been violated, it may:(a) warn the user;(b) request clarification or additional information;(c) reject or close an inquiry;(d) restrict, suspend, or block Website access;(e) apply technical restrictions;(f) discontinue communications;(g) revoke an authorization or permission;(h) preserve relevant evidence;(i) request removal or return of improperly obtained information;(j) issue a cease-and-desist notice;(k) notify an affected person or organization;(l) seek contractual, equitable, statutory, or other legal remedies; or(m) refer the matter to an appropriate provider, Platform, regulator, or authority.Provocative Media may act without advance notice where reasonably necessary to:(a) protect security;(b) prevent fraud;(c) stop ongoing interference;(d) protect another person;(e) preserve evidence;(f) comply with law; or(g) respond to an urgent operational risk.These remedies are cumulative and do not limit another right or remedy available under law, contract, or another provision of these Terms.3.28 Lawful Rights and Protected Activity
Nothing in these Terms is intended to prohibit, penalize, or restrict:(a) an honest and lawful review;(b) a truthful complaint;(c) a good-faith opinion;(d) lawful criticism or commentary;(e) communication with a governmental, regulatory, or law-enforcement authority;
4. WEBSITE INQUIRIES AND SUBMITTED INFORMATION
4.1 Scope of This Article
This Article governs information, communications, links, documents, files, content, and other materials submitted, transmitted, provided, or made available to Provocative Media:(a) through a Website form;(b) through a Website upload or submission feature;(c) through an email address specifically provided for a Website inquiry;(d) through a follow-up process that expressly incorporates these Terms;(e) through an electronic document or signature process that expressly incorporates these Terms; or(f) through another online process that clearly states that these Terms apply.This Article does not automatically govern every later:(a) telephone call;(b) video meeting;(c) email;(d) direct message;(e) file transfer;(f) onboarding process;(g) Campaign communication; or(h) commercial transactionmerely because the relationship originated through the Website.A later communication or submission will be governed by this Article where:(a) it directly continues an inquiry governed by these Terms;(b) the communication expressly incorporates these Terms;(c) a separate agreement states that these Terms apply; or(d) the circumstances otherwise establish legally sufficient agreement.4.2 Meaning of Submitted Materials
For purposes of this Article, “Submitted Materials” means information or material provided through a process covered by Section 4.1, including:(a) form responses;(b) written communications;(c) business contact information;(d) public-profile and Website links;(e) media kits;(f) portfolios;(g) analytics reports;(h) screenshots;(i) proposals;(j) presentations;(k) documents and attachments;(l) content samples;(m) Brand or Creator information;(n) Campaign information;(o) electronic approvals and signatures;(p) feedback; and(q) other material submitted in connection with an inquiry.Personal information contained in Submitted Materials is governed by the Privacy Policy and applicable law.The term “Submitted Materials” does not mean that Provocative Media owns the submitted material.4.3 Legitimate Business Inquiries
Website forms and contact methods may be used only for genuine inquiries reasonably related to Provocative Media’s business.Permitted inquiries may concern:(a) Creator representation and sponsorship support;(b) Brand services and Campaign opportunities;(c) podcasts;(d) shows;(e) newsletters;(f) publications;(g) channels and media brands;(h) independent media organizations;(i) vendors and contractors;(j) referrals;(k) strategic partnerships;(l) privacy and data protection;(m) Website security;(n) Website accessibility;(o) legal or compliance concerns; and(p) other legitimate matters reasonably connected to Provocative Media.The Website does not currently invite general employment or career applications unless a specific Website page or notice expressly states otherwise.Provocative Media may reject, restrict, archive, or disregard a submission that appears:(a) irrelevant;(b) incomplete to a degree that prevents reasonable review;(c) deceptive;(d) abusive;(e) automated without authorization;(f) duplicative;(g) fraudulent;(h) malicious; or(i) inconsistent with the Website’s intended business purpose.A legitimate privacy request, marketing opt-out, security report, or legally protected communication will not be disregarded solely because it was sent through an imperfect channel.4.4 Accuracy and Good-Faith Submission
You represent that, to the best of your knowledge, Submitted Materials are:(a) accurate;(b) authentic;(c) current when submitted;(d) reasonably complete for the stated purpose;(e) not materially misleading;(f) relevant to a legitimate inquiry; and(g) supported by a reasonable factual basis.You must not knowingly or recklessly:(a) fabricate Submitted Materials;(b) alter records to create a false impression;(c) omit a material fact where the omission makes the submission materially misleading;(d) misstate audience, performance, identity, ownership, authority, or eligibility information;(e) conceal a material restriction reasonably relevant to the inquiry; or(f) present an estimate, projection, or opinion as a verified fact.An innocent error, reasonable estimate, or good-faith difference of opinion does not violate this Section merely because it is later determined to be inaccurate.If material information becomes inaccurate while an inquiry, evaluation, proposal, or preliminary business discussion remains active, you should notify Provocative Media within a reasonable period.4.5 Identity and Authority
When submitting information, you represent that:(a) you are not intentionally misrepresenting your identity;(b) you are authorized to use the contact information provided;(c) you are authorized to submit the inquiry;(d) you possess any authority reasonably necessary to provide nonpublic Submitted Materials;(e) you are authorized to communicate concerning the applicable person or organization; and(f) the submission does not knowingly violate an applicable legal, contractual, professional, fiduciary, privacy, or confidentiality obligation.If you submit information for a Brand, Creator, company, podcast, show, publication, media organization, vendor, agency, partnership, or other entity, Provocative Media may request reasonable evidence of:(a) identity;(b) organizational affiliation;(c) authority to provide information;(d) authority to communicate; or(e) authority to enter into an agreement.Submitting an inquiry does not establish that you possess authority to execute a binding agreement for another person or organization.4.6 Public Materials Compared With Nonpublic Materials
You do not represent that you own a public Website, profile, channel, post, article, podcast, or other public material merely because you submit a link to it.For publicly accessible material, you represent only that:(a) the link was not obtained through unlawful access;(b) you are not submitting the link for a fraudulent or malicious purpose;(c) the link is reasonably relevant to the inquiry; and(d) you are not directing Provocative Media to bypass an access restriction.For nonpublic, restricted, confidential, or limited-access materials, you represent that:(a) you are authorized to provide the material or access;(b) the disclosure is lawful;(c) required permissions have been obtained;(d) the access provided does not exceed your authority; and(e) Provocative Media’s authorized review will not violate another person’s rights.4.7 Information Concerning Other Persons
If Submitted Materials contain nonpublic personal, professional, or business information concerning another person, you represent that:(a) you are authorized to provide the information;(b) the information is reasonably necessary for the inquiry;(c) you have provided any legally required notice;(d) you have obtained any legally required permission or consent;(e) the information is not subject to a restriction prohibiting the disclosure; and(f) the information is accurate to the best of your knowledge.Provocative Media may, where reasonably appropriate and legally permitted:(a) request confirmation of your authority;(b) request clarification;(c) contact the affected person;(d) restrict further use;(e) redact unnecessary information;(f) return or delete the information; or(g) discontinue consideration of the inquiry.Provocative Media is not required to contact another person merely because information concerning that person was submitted.4.8 Your Responsibility for Submitted Materials
You are responsible for:(a) the content you knowingly submit;(b) the accuracy of representations you make;(c) obtaining permissions that you are legally required to obtain;(d) avoiding unlawful or unauthorized disclosures;(e) removing unnecessary sensitive information from documents before submission; and(f) complying with obligations applicable to you.Provocative Media is not responsible for an inaccuracy, unauthorized disclosure, or rights violation caused solely by information or conduct attributable to you.Nothing in this Section:(a) eliminates Provocative Media’s own obligations under applicable law;(b) eliminates obligations stated in the Privacy Policy;(c) excuses Provocative Media’s own misconduct;(d) transfers responsibility for Provocative Media’s independent processing decisions; or(e) limits liability that cannot lawfully be limited.Any indemnification obligation concerning Submitted Materials will be governed by the applicable indemnification provisions of these Terms or a separate agreement.4.9 Ownership of Submitted Materials
Except as otherwise expressly agreed in writing, you retain the ownership rights you lawfully possess in your Submitted Materials.Submission does not, by itself, transfer ownership of:(a) copyrights;(b) trademarks;(c) service marks;(d) publicity rights;(e) Creator Content;(f) Brand Materials;(g) media kits;(h) analytics reports;(i) proposals;(j) portfolios;(k) Campaign concepts;(l) business plans; or(m) other intellectual property.Ownership of a physical or electronic copy of a Submitted Material is separate from ownership of intellectual-property rights in that material.Any assignment or transfer of copyright ownership, exclusive rights, or other ownership interests must be established through a legally sufficient agreement.4.10 Limited License for Submitted Materials
By submitting materials through a process governed by these Terms, you grant Provocative Media a nonexclusive, worldwide, royalty-free, limited license to:(a) receive;(b) access;(c) host;(d) store;(e) reproduce as reasonably necessary for technical and business purposes;(f) display internally;(g) organize;(h) classify;(i) format;(j) convert into a reasonably usable technical format;(k) transmit;(l) review;(m) analyze; and(n) otherwise processthe Submitted Materials only as reasonably necessary for the purposes described in this Article.Those purposes may include:(a) receiving and reviewing the inquiry;(b) communicating with you or an authorized representative;(c) evaluating a potential business relationship;(d) evaluating a Creator, Brand, vendor, Campaign, referral, or other opportunity;(e) conducting reasonable business, conflict, fraud, compliance, security, and reputational review;(f) preparing or discussing proposals and agreements;(g) evaluating potential Brand and Creator alignment;(h) making authorized disclosures to appropriate counterparties;(i) administering an active Campaign or business relationship;(j) maintaining legitimate business records;(k) detecting or preventing fraud, misuse, impersonation, circumvention, or security incidents;(l) complying with legal obligations;(m) responding to disputes or complaints; and(n) establishing, exercising, preserving, or defending legal rights.4.11 Nature and Limits of the License
The license granted under Section 4.10:(a) does not transfer ownership;(b) is limited to legitimate business, operational, technical, legal, security, and recordkeeping purposes;(c) does not authorize unrelated public distribution;(d) does not authorize sale of the Submitted Materials as a standalone product;(e) does not authorize unrelated advertising use;(f) does not authorize artificial-intelligence training unrelated to the inquiry;(g) does not authorize commercial exploitation beyond the applicable business purpose; and(h) does not expand any usage right provided in a separate agreement.The license applies only to intellectual-property or similar permissions reasonably necessary to handle Submitted Materials.Provocative Media’s authority to process personal information arises under:(a) the Privacy Policy;(b) applicable law;(c) valid consent where required;(d) a legitimate business interaction; and(e) any applicable agreement,rather than from an unrestricted intellectual-property license over personal information.4.12 Sublicensing and Authorized Recipients
Provocative Media may sublicense or permit use of Submitted Materials only to the extent reasonably necessary by:(a) service providers processing materials on Provocative Media’s behalf;(b) professional advisers;(c) potential or participating Brands;(d) potential or participating Creators;(e) authorized agencies or representatives;(f) vendors or contractors relevant to the inquiry;(g) transaction participants under Article 14;(h) governmental or legal recipients where disclosure is permitted or required; and(i) other recipients described in the Privacy Policy or an applicable agreement.Any sublicense or permitted use is limited to the purpose for which the recipient receives the material.This Section does not authorize a recipient to:(a) use Submitted Materials for unrelated advertising;(b) resell the materials;(c) contact a Brand or Creator in violation of an applicable restriction;(d) exploit intellectual property beyond the authorized purpose; or(e) disregard confidentiality or privacy obligations applicable to the recipient.4.13 Duration and Withdrawal of the Submission License
The license granted under Section 4.10 continues for as long as reasonably necessary to:(a) evaluate the inquiry;(b) complete communications;(c) administer an active or reasonably anticipated opportunity;(d) perform an agreement;(e) maintain legally permitted business records;(f) comply with law;(g) prevent fraud or security incidents; or(h) protect legal rights.You may withdraw an inquiry or request that Provocative Media discontinue prospective evaluation.A withdrawal does not:(a) invalidate processing lawfully completed before withdrawal;(b) revoke permissions already reasonably relied upon;(c) require recall of materials already lawfully disclosed;(d) terminate a separate agreement;(e) eliminate legally permitted retention;(f) require destruction of records subject to a legal hold; or(g) prevent preservation of records reasonably necessary for disputes, security, compliance, or legal claims.After the applicable purposes end, continued retention and processing will be governed by the Privacy Policy, applicable law, and any separate agreement.4.14 Sharing With Potential Brands, Creators, and Counterparties
Where reasonably necessary to evaluate or administer an opportunity, Provocative Media may share relevant Submitted Materials with potential or participating:(a) Brands;(b) Creators;(c) agencies;(d) vendors;(e) contractors;(f) referral partners;(g) professional advisers; and(h) other legitimate business counterparties.Information disclosed may include:(a) names and business identities;(b) public-profile and channel links;(c) content categories;(d) Platforms;(e) audience size and performance information;(f) media kits and portfolios;(g) relevant business objectives;(h) proposed Campaign requirements;(i) general availability;(j) qualifications;(k) content samples; and(l) other information reasonably necessary to evaluate or administer the opportunity.Provocative Media may limit or withhold:(a) direct contact information;(b) private personal information;(c) Brand confidential information;(d) Creator confidential information;(e) Creator compensation;(f) the Brand’s total Campaign Price;(g) Provocative Media’s margins;(h) internal allocations;(i) pricing methodologies;(j) negotiation strategy;(k) internal evaluations; and(l) other sensitive commercial information.Submitting materials does not authorize direct Brand-Creator communication unless Provocative Media or an applicable agreement expressly permits it.4.15 Public Profiles and External Links
If you submit a link to a public Website, profile, channel, podcast, newsletter, Platform account, media page, publication, or other external source, you permit Provocative Media to review the information ordinarily available through that link for legitimate purposes connected to the inquiry.Provocative Media may create reasonable internal:(a) notes;(b) summaries;
(c) classifications;(d) evaluations;(e) records;(f) screenshots; and(g) referencesbased on lawfully accessible information.Submitting a public link does not grant Provocative Media:(a) ownership of the account;(b) ownership of its content;(c) administrative control;(d) paid-advertising rights;(e) whitelisting rights;(f) a commercial content license; or(g) rights to an individual’s name, image, likeness, voice, or identity.Those rights must arise under a separate agreement, Platform authorization, or applicable law.4.16 Nonpublic Analytics and Restricted Materials
If Provocative Media requests nonpublic analytics or other restricted business information, you may provide the information through:(a) screenshots;(b) exported reports;(c) Platform-generated reports;(d) read-only permissions;(e) Platform-native permissions;(f) limited-access links;(g) a designated secure file-transfer method; or(h) another approved process.You should provide only the information and access reasonably necessary for the stated purpose.You must not provide through a general Website form or ordinary email:(a) account passwords;(b) multifactor-authentication codes;(c) account-recovery codes;(d) session cookies;(e) authentication tokens;(f) unrestricted account credentials; or(g) another credential providing unrestricted access.Provocative Media will not request a general social-media password merely because a potential Campaign may involve paid advertising or whitelisting.4.17 Sensitive Personal Information
Unless Provocative Media specifically requests information through an appropriate process, you must not submit through a general Website form or ordinary email:(a) Social Security numbers;(b) taxpayer identification numbers;(c) passport or driver’s-license information;(d) copies of government identification documents;(e) passwords or authentication credentials;(f) complete bank-account information;(g) complete payment-card information;(h) medical or health records;(i) biometric identifiers;(j) precise private geolocation information;(k) criminal-history records;(l) private information concerning a Minor;(m) private communications unrelated to the inquiry; or(n) other unnecessary sensitive or legally protected information.Provocative Media may:(a) delete;(b) redact;(c) restrict;(d) isolate;(e) return;(f) securely dispose of; or(g) decline to processsensitive information submitted without a legitimate request.The FTC advises businesses to avoid collecting sensitive information they do not need and to retain it only as long as necessary. [This sentence is explanatory and should be removed from the published Terms.]4.18 Submissions Involving Children and Minor Creators
A Child under thirteen must not independently submit information through the Website.A Parent or legal guardian may submit limited information concerning a Child where:(a) the Parent or guardian initiates the inquiry;(b) the Parent or guardian clearly identifies the Child’s age;(c) the submission is reasonably necessary;(d) the Parent or guardian possesses appropriate authority; and(e) the submission complies with the Privacy Policy and applicable law.A person submitting information concerning a Minor Creator represents that:(a) the information concerning age is accurate;(b) appropriate Parent or guardian involvement has been provided;(c) the person has not misrepresented parental or guardianship authority;(d) any required permission has been obtained; and(e) the submission complies with Sections 1.13 and 1.14.Provocative Media may require:(a) confirmation of age;(b) confirmation of parental or guardianship authority;(c) additional consents;(d) releases;(e) permits;(f) trust-account documentation; and(g) other legally required protections.Submission does not establish that the Minor may legally enter into an agreement or participate in a Campaign.4.19 Confidentiality of Website Inquiries
Submitting information through a general Website form does not, by itself, create:(a) a confidential relationship;(b) a fiduciary relationship;(c) an attorney-client relationship;(d) a professional privilege;(e) a nondisclosure agreement; or(f) a duty to treat unsolicited ideas or business proposals as trade secrets.Unless confidentiality arises under applicable law, the context of a specifically requested disclosure, or a separate written agreement, you should not assume that an unsolicited:(a) idea;(b) Campaign concept;(c) strategy;(d) business plan;(e) pricing model;(f) creative concept;(g) trade secret;(h) proposal; or(i) other nonpublic materialwill receive specific confidentiality protection merely because it was submitted.Marking a document “confidential” does not, by itself, create a nondisclosure agreement or require Provocative Media to accept the stated restriction.4.20 Specifically Requested Confidential Materials
Where Provocative Media specifically requests nonpublic information for an identified business purpose, it may handle the information according to:(a) the purpose for which it was requested;(b) the nature and sensitivity of the information;(c) the Privacy Policy;(d) an applicable confidentiality agreement;(e) an applicable commercial agreement;(f) legal and professional obligations; and(g) applicable law.A request for information does not automatically create an unlimited confidentiality obligation.Where material requires specific protection, the parties should enter into an appropriate written agreement before the material is disclosed.4.21 No Attorney-Client or Professional Privilege
Communications with Provocative Media do not create:(a) an attorney-client relationship;(b) an accountant-client relationship;(c) a financial-adviser relationship;(d) an insurance-adviser relationship;(e) a fiduciary relationship; or(f) another legally privileged professional relationship.Provocative Media’s discussion or review of:(a) a contract;(b) Campaign terms;(c) usage rights;(d) compliance requirements;(e) payment provisions; or(f) another business matterdoes not constitute legal, accounting, tax, financial, or other professional advice.You should not send attorney-client privileged material or legal work product unless disclosure has been approved by the applicable attorney and is reasonably necessary for a legitimate purpose.4.22 No Unilateral Terms in Submitted Materials
Terms, conditions, restrictions, notices, or disclaimers contained in or accompanying Submitted Materials do not bind Provocative Media merely because Provocative Media:(a) receives the materials;(b) opens a document;(c) reviews a proposal;(d) accesses a portal;(e) receives a purchase order;(f) receives an email containing footer language;(g) receives a document labeled confidential;(h) receives an invoice;(i) clicks an ordinary access link; or(j) continues discussions.A term supplied by you becomes binding only where:(a) an authorized representative of Provocative Media expressly accepts it;(b) the acceptance satisfies any applicable signature or amendment requirement;(c) the term is included in a binding written agreement; or(d) another legally sufficient acceptance process applies.Silence, receipt, review, preliminary performance, or failure to object does not constitute acceptance of unilateral terms unless applicable law or an existing agreement requires otherwise.4.23 General Feedback
For purposes of this Section, “Feedback” means a voluntary general suggestion, comment, recommendation, correction, or idea concerning:(a) the Website;(b) Website usability;(c) Provocative Media’s general Services;(d) administrative processes; or(e) potential improvements.Feedback does not include:(a) personal information;(b) Creator Content;(c) Brand Materials;(d) a media kit;(e) analytics;(f) confidential material covered by a written agreement;(g) a formal Campaign proposal;(h) a creative concept submitted for negotiated compensation;(i) a business opportunity offered for negotiated participation;(j) a proposal expressly conditioned on confidentiality; or(k) material that the parties agree in writing will receive different treatment.By voluntarily providing Feedback, you grant Provocative Media a nonexclusive, perpetual, irrevocable, worldwide, transferable, sublicensable, fully paid-up, and royalty-free right to:(a) use;(b) reproduce;(c) modify;(d) adapt;(e) implement;(f) combine;(g) disclose; and(h) incorporatethe Feedback into its Website, Services, processes, and business.Provocative Media is not required to:(a) use the Feedback;(b) acknowledge it;(c) compensate you;(d) attribute it to you; or(e) report whether it was implemented.4.24 Similar and Independently Developed Ideas
Provocative Media may currently be:(a) developing;(b) evaluating;(c) negotiating;(d) considering;(e) receiving; or(f) usingideas, concepts, strategies, Campaign structures, Services, processes, or materials similar to something submitted by you.Submitting an idea does not prevent Provocative Media from:(a) using information it previously possessed;(b) independently developing similar material;(c) receiving similar material from another source;(d) pursuing a similar opportunity;(e) working with another person on a similar concept; or(f) using publicly available information.This Section does not authorize Provocative Media to:(a) infringe intellectual-property rights;(b) misappropriate a trade secret;(c) breach a written confidentiality agreement;(d) falsely claim authorship; or(e) use information in a manner prohibited by applicable law.4.25 Internal Evaluations and Work Product
Provocative Media may create internal materials based on its review of Submitted Materials, including:(a) notes;(b) summaries;(c) classifications;(d) match assessments;(e) risk assessments;(f) qualification decisions;(g) internal recommendations;(h) Campaign structures;(i) pricing analysis;(j) negotiation strategy;(k) due-diligence records; and(l) other internally developed work product.As between you and Provocative Media, Provocative Media retains its rights in independently created internal work product, subject to:(a) your ownership of the underlying Submitted Materials;(b) applicable privacy rights;(c) applicable confidentiality obligations;(d) intellectual-property law; and(e) a separate written agreement.Provocative Media is not required to disclose internal evaluations, scoring, deliberations, pricing analysis, or business strategy except where disclosure is required by applicable law or an agreement.4.26 No Obligation to Review or Use Submissions
Provocative Media is not required to:(a) open Submitted Materials;(b) review them;(c) acknowledge receipt;(d) provide feedback;(e) verify every statement;(f) preserve every submission;(g) return documents;(h) use the submitted material;(i) pursue the opportunity;(j) enter into negotiations;(k) make an introduction; or(l) enter into a business relationship.Provocative Media may decline, archive, quarantine, restrict, redact, delete, or close a submission, subject to applicable law and legitimate recordkeeping requirements.Provocative Media’s failure to respond does not constitute:(a) acceptance;(b) approval;(c) rejection of another opportunity;(d) confidentiality;(e) representation;(f) a promise to proceed; or(g) agreement to submitted terms.4.27 No Compensation for Submission
Submitting information, ideas, links, analytics, media kits, portfolios, proposals, qualifications, or other materials does not entitle you to:(a) payment;(b) reimbursement;(c) a commission;(d) a referral fee;(e) an ownership interest;(f) attribution;(g) representation;(h) Services;(i) an introduction;(j) exclusivity; or(k) another benefit.Any compensation, commission, ownership interest, referral right, licensing fee, or other commercial entitlement must be established through a separate binding agreement.This Section does not eliminate compensation rights expressly established in an existing agreement.4.28 No Guarantee of Opportunity or Selection
Provocative Media does not guarantee that a submission will result in:(a) Creator representation;(b) Brand Services;(c) sponsorship;(d) a Campaign;(e) an introduction;(f) a proposal;(g) a vendor engagement;(h) a referral relationship;(i) a strategic partnership; or(j) another commercial opportunity.Provocative Media may select, reject, prioritize, pause, or discontinue opportunities based on legitimate business considerations, subject to applicable law and binding agreements.No submission reserves:(a) availability;(b) pricing;(c) a Creator;(d) a Brand;(e) Campaign inventory;(f) category exclusivity; or(g) another opportunity.4.29 Verification and Due Diligence
Provocative Media may take reasonable steps to verify Submitted Materials and evaluate an inquiry.Verification and due diligence may include:(a) reviewing public Websites and profiles;(b) reviewing public content;(c) requesting supporting documents;(d) confirming identity or organizational authority;(e) reviewing submitted or authorized Platform analytics;(f) contacting references that you provide or authorize;(g) evaluating audience authenticity;(h) reviewing business records made available through an authorized process;(i) reviewing sponsorship history;(j) conducting conflict, compliance, fraud, reputation, or Brand-safety review; and(k) comparing submitted information with information obtained from lawful sources.You agree to cooperate reasonably with legitimate verification requests if you want the inquiry to remain under consideration.Provocative Media may decline or discontinue an inquiry where:(a) information cannot reasonably be verified;(b) requested clarification is not provided;(c) material inconsistencies remain unresolved;(d) authority cannot be confirmed; or(e) the verification process creates an unacceptable legal, security, or business risk.4.30 Background Checks and Regulated Reports
Nothing in Section 4.29 authorizes Provocative Media to obtain a consumer report, background report, credit report, criminal-history report, or other regulated report without satisfying any separate:(a) notice;(b) authorization;(c) certification;(d) permissible-purpose;(e) pre-adverse-action;(f) adverse-action; or(g) other requirementimposed by applicable law.If a regulated report becomes reasonably necessary, Provocative Media may provide a separate notice and authorization process.General acceptance of these Terms does not constitute blanket authorization for every regulated background or consumer report.4.31 Reliance on Submitted Information
Provocative Media may reasonably rely on Submitted Materials when:(a) deciding whether to pursue an opportunity;(b) evaluating or presenting a Creator;(c) evaluating or presenting a Brand opportunity;(d) preparing a Campaign package;(e) preparing a proposal;(f) communicating with a business counterparty;(g) negotiating proposed terms;(h) evaluating conflicts, restrictions, or compliance;(i) assessing fraud, security, or reputational risk; and(j) preparing agreements or business records.To the extent permitted by applicable law, you may be responsible for losses reasonably caused by your knowing, reckless, or materially misleading:(a) false statement;(b) omission;(c) unauthorized submission;(d) forged document;(e) fabricated analytics;(f) misrepresentation of authority; or(g) violation of another person’s rights.Any recovery remains subject to:(a) proof of causation and damages;(b) applicable law;(c) the indemnification provisions of these Terms;(d) applicable limitations of liability; and(e) any controlling separate agreement.4.32 Corrections and Updates
You should notify Provocative Media within a reasonable period if material Submitted Materials become:(a) inaccurate;(b) outdated;(c) materially incomplete;
(d) misleading;(e) unauthorized; or(f) subject to a new restriction.A correction does not require Provocative Media to:(a) reverse a decision previously made in reasonable reliance on the earlier information;(b) restart a closed evaluation;(c) recall information already lawfully disclosed;(d) alter an executed agreement;(e) restore an expired opportunity;(f) change an existing Campaign; or(g) delete information that may lawfully be retained.A material change affecting an executed agreement must be handled under that agreement.4.33 Withdrawal of an Inquiry
You may request that Provocative Media discontinue consideration of an inquiry.Withdrawal does not necessarily require Provocative Media to:(a) delete all records;(b) recall Submitted Materials already lawfully disclosed;(c) terminate an existing agreement;(d) reverse completed processing;(e) disregard legal or contractual obligations;(f) remove records needed for security, fraud prevention, disputes, or claims;(g) delete a suppression record; or(h) delete information that applicable law permits or requires Provocative Media to retain.A personal-information deletion request will be evaluated under the Privacy Policy and applicable law.Withdrawal of an inquiry does not automatically revoke a separate license, release, approval, or authorization granted under another agreement.4.34 Retention of Submitted Materials
Provocative Media may retain Submitted Materials for as long as reasonably necessary and proportionate to:(a) evaluate the inquiry;(b) maintain appropriate business and communication records;(c) evaluate a future opportunity reasonably related to the original inquiry;(d) administer an active or former business relationship;(e) document communications, decisions, and approvals;(f) prevent fraud, spam, abuse, impersonation, or circumvention;(g) comply with tax, accounting, insurance, contractual, or legal obligations;(h) resolve disputes;(i) establish, exercise, preserve, or defend legal rights; and(j) satisfy other purposes described in the Privacy Policy.Submitted Materials will not be retained indefinitely solely because they might possibly become useful.Retention of personal information is governed more specifically by the Data Retention provisions of the Privacy Policy.4.35 Service Providers and Transmission Systems
Submitted Materials may be transmitted, processed, or stored through providers used for:(a) Website hosting;(b) infrastructure;(c) form processing;(d) email;(e) communications;(f) cloud storage;(g) business software;(h) document management;(i) electronic signatures;(j) file transfer;(k) security;(l) backups; and(m) other legitimate operational functions.A provider processing Submitted Materials on Provocative Media’s behalf may process them according to:(a) Provocative Media’s instructions;(b) the applicable provider agreement;(c) applicable data-processing terms;(d) the provider’s authorized operational requirements; and(e) applicable law.An independent third party may process information for its own purposes under its own privacy notice and terms.The publication of a provider’s own privacy notice does not necessarily mean that the provider acts independently for every processing purpose.Provocative Media cannot guarantee that every provider or transmission system will operate without:(a) interruption;(b) delay;(c) error;(d) data loss;(e) security incident; or(f) technical failure.This limitation does not eliminate obligations Provocative Media may have concerning providers acting on its behalf.4.36 Screening, Filtering, and Removal
Provocative Media may use reasonable manual or automated methods to:(a) filter spam;(b) detect malicious files;(c) identify suspicious submissions;(d) restrict harmful links;(e) quarantine attachments;(f) identify fraud or impersonation;(g) identify duplicate submissions;(h) prevent abuse; and(i) protect systems and personnel.Provocative Media may block, reject, delete, quarantine, redact, isolate, or decline to open Submitted Materials that:(a) contain or appear to contain malicious code;(b) present a security risk;(c) appear fraudulent;(d) contain unnecessary sensitive information;(e) appear unlawful;(f) violate these Terms;(g) infringe another person’s rights; or(h) are materially unrelated to the applicable form.Automated filtering may occasionally block or classify a legitimate submission incorrectly.Provocative Media does not guarantee that every harmful submission will be detected.4.37 No Obligation to Return or Preserve Materials
Unless a separate written agreement requires otherwise, Provocative Media is not required to:(a) return Submitted Materials;(b) preserve an original;(c) maintain a permanent copy;(d) maintain materials in the format submitted;(e) provide archival storage; or(f) make materials available for later retrieval.You should retain your own complete copies of materials submitted.Provocative Media is not responsible for loss, corruption, deletion, destruction, transmission failure, or unavailability of Submitted Materials except to the extent liability cannot lawfully be excluded or arises under a binding agreement.4.38 Submission and Communication Records
Provocative Media may maintain records of:(a) form submissions;(b) communications;(c) attachments;(d) timestamps;(e) electronic signatures;(f) electronic approvals;(g) acceptance records;(h) technical and security information;(i) revisions and corrections;(j) instructions;(k) disclosure history; and(l) related business activity.Those records may be used for:(a) business administration;(b) Campaign administration;(c) compliance;(d) security;(e) fraud prevention;(f) dispute resolution;(g) contract enforcement;(h) privacy-request administration; and(i) legal proceedings.No record is automatically conclusive merely because Provocative Media maintains it.The authenticity, admissibility, weight, and legal effect of a particular record remain subject to applicable law and the circumstances.4.39 Legally Protected Disclosures
Nothing in this Article prohibits or restricts a disclosure protected by applicable law, including a qualifying confidential disclosure of a suspected legal violation:(a) to a governmental official;(b) to a law-enforcement authority;(c) to an attorney;(d) in a court filing made under seal; or(e) through another legally protected whistleblower process.A person making a protected disclosure remains responsible for satisfying the conditions of the applicable legal protection.Nothing in this Section authorizes:(a) public disclosure of another person’s private information;(b) unlawful access;(c) destruction or alteration of evidence;(d) disclosure beyond what the applicable law protects; or(e) use of a protected-disclosure process as a pretext for commercial exploitation.4.40 Relationship to the Privacy Policy
Personal information contained in Submitted Materials will be processed as described in the Privacy Policy and applicable law.If this Article conflicts with the Privacy Policy concerning:(a) collection;(b) use;(c) disclosure;(d) retention;(e) security;(f) international transfer; or(g) privacy rightsconcerning personal information, the Privacy Policy will control for that issue, subject to applicable law and a controlling written agreement.Nothing in this Article expands Provocative Media’s authority to process personal information beyond:(a) the Privacy Policy;(b) valid consent where required;(c) applicable law;(d) the context of the interaction; and(e) an applicable agreement.4.41 Effect of a Separate Agreement
If Provocative Media and the submitting party enter into a separate written agreement, that agreement may establish additional or different requirements concerning:(a) confidentiality;(b) ownership;(c) licensing;(d) permitted use;(e) disclosure;(f) data security;(g) retention;(h) return or destruction;(i) compensation;(j) Campaign administration;(k) intellectual property;(l) usage rights;(m) paid advertising;(n) whitelisting; and(o) other treatment of Submitted Materials.Where a separate written agreement expressly conflicts with this Article, the agreement will control for the relationship and materials it governs to the extent:(a) stated in the agreement;(b) legally enforceable; and(c) permitted by applicable law.A separate agreement does not eliminate a nonwaivable privacy right or authorize unlawful processing.4.42 Relationship to Other Terms
This Article should be read together with the provisions concerning:(a) acceptance and eligibility;(b) permitted use;(c) prohibited conduct;(d) intellectual property;(e) confidentiality;(f) privacy;(g) Website security;(h) suspension and termination;(i) indemnification;(j) limitations of liability; and(k) dispute resolution.Where another Article or separate agreement more specifically governs a particular Submitted Material, disclosure, Campaign, or relationship, the more specific provision applies.
5. NO GUARANTEE OF REPRESENTATION, CAMPAIGNS, OR BUSINESS OPPORTUNITIES
5.1 Scope of This Article
This Article describes the limitations applicable to:(a) Website inquiries;(b) preliminary evaluations;(c) preliminary communications;(d) potential Creator representation;(e) potential Brand engagements;(f) potential Campaigns;(g) introductions;(h) proposals;(i) estimates;(j) negotiations; and(k) other potential commercial opportunities.This Article primarily applies before the applicable parties enter into a binding written agreement.Once a binding agreement is executed, the specific obligations stated in that agreement control the relationship and subject matter it governs.5.2 No Guarantee Created by Website Use
Accessing the Website, reviewing Website content, submitting an inquiry, providing information, or communicating with Provocative Media does not guarantee:(a) representation by Provocative Media;(b) acceptance as a Creator, Brand, vendor, contractor, referral partner, or other business counterparty;(c) receipt of Services;(d) an introduction to a Brand, Creator, advertiser, sponsor, agency, vendor, or other person;(e) selection for a Campaign;(f) receipt of a proposal, quote, or offer;(g) negotiation of a business opportunity;(h) execution of an agreement;(i) payment or compensation;(j) revenue, exposure, audience growth, or commercial success; or(k) another business relationship, transaction, opportunity, or result.Provocative Media may determine whether to review, pursue, prioritize, pause, decline, or discontinue an inquiry or preliminary opportunity, subject to applicable law and any binding obligation expressly assumed by Provocative Media.5.3 No Offer From General Website Content
Unless expressly identified otherwise, Website descriptions concerning:(a) Services;(b) Campaigns;(c) sponsorship opportunities;(d) Creator participation;(e) Brand participation;(f) pricing;(g) compensation;(h) availability;(i) timelines;(j) Deliverables; or(k) other commercial mattersare provided for general informational purposes and do not constitute a binding offer capable of acceptance merely through Website use.A binding offer must:(a) be made or expressly authorized by Provocative Media;(b) identify the material terms with sufficient clarity;(c) be directed to the intended recipient or class of recipients;(d) state or reasonably indicate that acceptance will create an obligation; and(e) satisfy applicable legal and contractual requirements.5.4 No Automatic Creator Representation
A Creator’s submission of an inquiry, public-profile link, media kit, analytics, audience information, proposed rate, availability, or other material does not appoint Provocative Media as the Creator’s representative.Before execution of an applicable agreement, Provocative Media has no obligation to:(a) represent the Creator;(b) market or promote the Creator;(c) contact Brands on the Creator’s behalf;(d) negotiate opportunities for the Creator;(e) include the Creator in a Campaign package;(f) provide contract or Campaign support;(g) secure sponsorships or revenue;(h) present every relevant opportunity;(i) respond to every Creator inquiry; or(j) continue evaluating the Creator.A Creator representation relationship arises only through:(a) an executed Creator Sponsorship Representation Agreement; or(b) another written agreement expressly signed or accepted by an authorized representative of Provocative Media and clearly establishing the representation relationship.5.5 No Automatic Brand Engagement
A Brand’s submission of an inquiry, Campaign concept, proposed budget, product information, Creator preferences, proposed Deliverables, or other material does not require Provocative Media to:(a) accept the Brand as a client;(b) prepare a Campaign proposal;(c) identify or contact Creators;(d) reserve Creator availability;(e) disclose Creator identities;(f) provide pricing;(g) negotiate a Campaign;(h) perform Services;(i) secure Creator participation; or(j) enter into a Brand Services Agreement or Brand Statement of Work.A general Brand services relationship arises only through an executed Brand Services Agreement or another written agreement expressly establishing that relationship.Campaign-specific obligations arise only through the applicable:(a) Brand Statement of Work;(b) Brand Change Order;(c) Campaign document expressly authorized under the Brand Services Agreement; or(d) other binding written agreement.5.6 No Automatic Vendor or Contractor Engagement
A vendor’s or contractor’s submission of qualifications, pricing, proposals, samples, references, availability, or other material does not require Provocative Media to:(a) retain the vendor or contractor;(b) request additional information;(c) negotiate terms;(d) purchase products or Services;(e) reimburse submission expenses;(f) provide a minimum volume of work;(g) enter into an exclusive arrangement; or(h) execute an agreement.A vendor or contractor relationship arises only through a binding agreement or another legally sufficient written authorization expressly issued by Provocative Media.5.7 No Guarantee of Creator Presentation or Selection
Provocative Media does not guarantee that a Creator who submits an inquiry, enters preliminary discussions, or signs a general representation agreement will:(a) be presented to a particular Brand;(b) be included in a particular Campaign package;(c) satisfy a Brand’s requirements;(d) be selected by a Brand;(e) accept a proposed Campaign;(f) remain available;(g) agree to the proposed compensation or Deliverables;(h) receive future Campaign opportunities;(i) receive a particular number of opportunities; or(j) be selected more than once.Creator presentation and selection may depend on lawful and legitimate factors including:(a) Campaign objectives;(b) Brand requirements and preferences;(c) audience characteristics;(d) content category and format;(e) Platform;(f) geography;(g) availability;(h) compensation requirements;(i) proposed Deliverables;(j) usage rights;(k) paid-advertising or whitelisting requirements;(l) exclusivity;(m) legal and Platform compliance;(n) content history;(o) audience authenticity;(p) conflicts with other obligations;(q) Brand-safety and reputational considerations; and(r) other commercially relevant factors.Provocative Media will not knowingly make a decision based on a characteristic or criterion prohibited by applicable law.5.8 No Obligation to Disclose Selection Criteria
Except where required by applicable law or a binding agreement, Provocative Media is not required to disclose:(a) every factor considered in a selection decision;(b) internal evaluation notes;(c) internal ratings or classifications;(d) confidential Brand preferences;(e) another Creator’s information;(f) internal pricing analysis;(g) legal advice;(h) privileged information;(i) security-sensitive information; or(j) internal commercial strategy.Provocative Media may provide limited feedback in its discretion.Providing feedback in one instance does not create an obligation to provide feedback in another.5.9 No Guarantee of Brand Acceptance or Participation
Provocative Media does not guarantee that a Brand will:(a) accept a proposed Creator;(b) approve a Campaign package;(c) accept proposed pricing;(d) accept proposed Deliverables;(e) agree to usage rights;(f) enter into an agreement;(g) fund or launch a Campaign;(h) approve submitted content;(i) purchase additional rights;(j) renew or extend a Campaign; or(k) pursue another opportunity.Before a binding agreement is executed, a Brand may revise, delay, suspend, or discontinue a proposed opportunity, subject to any binding confidentiality, exclusivity, expense, letter-of-intent, or other preliminary obligation separately accepted by that Brand.Provocative Media is not responsible for a Brand’s independent decision not to proceed, except to the extent Provocative Media independently breaches an obligation it expressly assumed.5.10 No Guarantee of Creator Acceptance or Availability
Provocative Media does not guarantee that a particular Creator will:(a) be available;(b) express interest in a proposed opportunity;(c) accept proposed compensation;(d) agree to proposed Deliverables;(e) agree to proposed usage rights;(f) agree to paid advertising or whitelisting;(g) agree to exclusivity;(h) meet a proposed schedule;(i) satisfy a Brand’s lawful review requirements;(j) execute a Creator Campaign Addendum; or(k) remain available until all applicable agreements are completed.A reference to a Creator in a Website page, discussion, proposal, presentation, preliminary roster, Campaign concept, or other preliminary communication does not guarantee the Creator’s participation.Creator participation must be confirmed through the applicable:(a) Creator Sponsorship Representation Agreement;(b) Creator Campaign Addendum;(c) Creator Campaign Amendment; and(d) other required approval or authorization.5.11 No Reservation Before Written Confirmation
Preliminary communications do not reserve:(a) a Creator;(b) a Brand;(c) a Campaign date;(d) a publication date;(e) advertising inventory;(f) category exclusivity;(g) Services;(h) pricing;(i) Creator compensation;(j) Deliverables;(k) usage rights;(l) whitelisting rights;(m) personnel; or(n) another commercial term or resource.An opportunity is reserved only when Provocative Media provides written confirmation that the applicable reservation conditions have been satisfied.Reservation conditions may include:(a) execution of required agreements;(b) receipt of a deposit or other payment;(c) Creator approval;(d) Brand approval;(e) confirmation of availability;(f) confirmation of Campaign scope;(g) legal or compliance approval; and(h) another stated condition.Payment of a deposit does not reserve an opportunity unless the governing agreement or written confirmation states that the deposit creates the reservation.5.12 No Guarantee That a Preliminary Opportunity Will Close
An introduction, discussion, meeting, proposal, draft, estimate, verbal indication of interest, tentative approval, or exchange of proposed terms does not by itself guarantee that an opportunity will close.A proposed opportunity may fail to proceed because of:(a) pricing;(b) budget changes;(c) Creator availability;(d) Brand approval;(e) scheduling;(f) product or Campaign changes;(g) legal or compliance concerns;(h) Platform restrictions;(i) usage-rights issues;(j) exclusivity issues;(k) delayed approvals;(l) unsuccessful due diligence;(m) failure to execute an agreement;(n) failure to satisfy a condition;(o) failure to make a required payment;(p) Force Majeure; or(q) another legitimate business or legal reason.The expenditure of time, effort, information, or resources during preliminary evaluation does not, by itself, establish that a Campaign or agreement has been completed.5.13 Preliminary Negotiations and Reliance
Unless the parties expressly agree otherwise, preliminary negotiations are conducted with the expectation that final obligations will be stated in definitive written agreements.A preliminary communication should not be treated as a final commitment where it:(a) is labeled preliminary, draft, nonbinding, subject to approval, or subject to contract;(b) omits material terms;(c) refers to future definitive documentation;(d) remains subject to due diligence;(e) remains subject to Brand or Creator approval;(f) remains subject to payment;(g) remains subject to legal or compliance review; or(h) otherwise clearly indicates that additional conditions remain.Nothing in these Terms provides authorization to:(a) make a knowingly false promise;(b) fraudulently induce another person to incur an expense or take action;(c) misrepresent that approval has been obtained;(d) disregard a binding letter of intent or preliminary agreement;(e) disregard a promise enforceable under applicable law; or(f) avoid an obligation arising from legally sufficient reliance where applicable law recognizes that obligation.
5.1 Scope of This Article
This Article describes the limitations applicable to:(a) Website inquiries;(b) preliminary evaluations;(c) preliminary communications;(d) potential Creator representation;(e) potential Brand engagements;(f) potential Campaigns;(g) introductions;(h) proposals;(i) estimates;(j) negotiations; and(k) other potential commercial opportunities.This Article primarily applies before the applicable parties enter into a binding written agreement.Once a binding agreement is executed, the specific obligations stated in that agreement control the relationship and subject matter it governs.5.2 No Guarantee Created by Website Use
Accessing the Website, reviewing Website content, submitting an inquiry, providing information, or communicating with Provocative Media does not guarantee:(a) representation by Provocative Media;(b) acceptance as a Creator, Brand, vendor, contractor, referral partner, or other business counterparty;(c) receipt of Services;(d) an introduction to a Brand, Creator, advertiser, sponsor, agency, vendor, or other person;(e) selection for a Campaign;(f) receipt of a proposal, quote, or offer;(g) negotiation of a business opportunity;(h) execution of an agreement;(i) payment or compensation;(j) revenue, exposure, audience growth, or commercial success; or(k) another business relationship, transaction, opportunity, or result.Provocative Media may determine whether to review, pursue, prioritize, pause, decline, or discontinue an inquiry or preliminary opportunity, subject to applicable law and any binding obligation expressly assumed by Provocative Media.5.3 No Offer From General Website Content
Unless expressly identified otherwise, Website descriptions concerning:(a) Services;(b) Campaigns;(c) sponsorship opportunities;(d) Creator participation;(e) Brand participation;(f) pricing;(g) compensation;(h) availability;(i) timelines;(j) Deliverables; or(k) other commercial mattersare provided for general informational purposes and do not constitute a binding offer capable of acceptance merely through Website use.A binding offer must:(a) be made or expressly authorized by Provocative Media;(b) identify the material terms with sufficient clarity;(c) be directed to the intended recipient or class of recipients;(d) state or reasonably indicate that acceptance will create an obligation; and(e) satisfy applicable legal and contractual requirements.5.4 No Automatic Creator Representation
A Creator’s submission of an inquiry, public-profile link, media kit, analytics, audience information, proposed rate, availability, or other material does not appoint Provocative Media as the Creator’s representative.Before execution of an applicable agreement, Provocative Media has no obligation to:(a) represent the Creator;(b) market or promote the Creator;(c) contact Brands on the Creator’s behalf;(d) negotiate opportunities for the Creator;(e) include the Creator in a Campaign package;(f) provide contract or Campaign support;(g) secure sponsorships or revenue;(h) present every relevant opportunity;(i) respond to every Creator inquiry; or(j) continue evaluating the Creator.A Creator representation relationship arises only through:(a) an executed Creator Sponsorship Representation Agreement; or(b) another written agreement expressly signed or accepted by an authorized representative of Provocative Media and clearly establishing the representation relationship.5.5 No Automatic Brand Engagement
A Brand’s submission of an inquiry, Campaign concept, proposed budget, product information, Creator preferences, proposed Deliverables, or other material does not require Provocative Media to:(a) accept the Brand as a client;(b) prepare a Campaign proposal;(c) identify or contact Creators;(d) reserve Creator availability;(e) disclose Creator identities;(f) provide pricing;(g) negotiate a Campaign;(h) perform Services;(i) secure Creator participation; or(j) enter into a Brand Services Agreement or Brand Statement of Work.A general Brand services relationship arises only through an executed Brand Services Agreement or another written agreement expressly establishing that relationship.Campaign-specific obligations arise only through the applicable:(a) Brand Statement of Work;(b) Brand Change Order;(c) Campaign document expressly authorized under the Brand Services Agreement; or(d) other binding written agreement.5.6 No Automatic Vendor or Contractor Engagement
A vendor’s or contractor’s submission of qualifications, pricing, proposals, samples, references, availability, or other material does not require Provocative Media to:(a) retain the vendor or contractor;(b) request additional information;(c) negotiate terms;(d) purchase products or Services;(e) reimburse submission expenses;(f) provide a minimum volume of work;(g) enter into an exclusive arrangement; or(h) execute an agreement.A vendor or contractor relationship arises only through a binding agreement or another legally sufficient written authorization expressly issued by Provocative Media.5.7 No Guarantee of Creator Presentation or Selection
Provocative Media does not guarantee that a Creator who submits an inquiry, enters preliminary discussions, or signs a general representation agreement will:(a) be presented to a particular Brand;(b) be included in a particular Campaign package;(c) satisfy a Brand’s requirements;(d) be selected by a Brand;(e) accept a proposed Campaign;(f) remain available;(g) agree to the proposed compensation or Deliverables;(h) receive future Campaign opportunities;(i) receive a particular number of opportunities; or(j) be selected more than once.Creator presentation and selection may depend on lawful and legitimate factors including:(a) Campaign objectives;(b) Brand requirements and preferences;(c) audience characteristics;(d) content category and format;(e) Platform;(f) geography;(g) availability;(h) compensation requirements;(i) proposed Deliverables;(j) usage rights;(k) paid-advertising or whitelisting requirements;(l) exclusivity;(m) legal and Platform compliance;(n) content history;(o) audience authenticity;(p) conflicts with other obligations;(q) Brand-safety and reputational considerations; and(r) other commercially relevant factors.Provocative Media will not knowingly make a decision based on a characteristic or criterion prohibited by applicable law.5.8 No Obligation to Disclose Selection Criteria
Except where required by applicable law or a binding agreement, Provocative Media is not required to disclose:(a) every factor considered in a selection decision;(b) internal evaluation notes;(c) internal ratings or classifications;(d) confidential Brand preferences;(e) another Creator’s information;(f) internal pricing analysis;(g) legal advice;(h) privileged information;(i) security-sensitive information; or(j) internal commercial strategy.Provocative Media may provide limited feedback in its discretion.Providing feedback in one instance does not create an obligation to provide feedback in another.5.9 No Guarantee of Brand Acceptance or Participation
Provocative Media does not guarantee that a Brand will:(a) accept a proposed Creator;(b) approve a Campaign package;(c) accept proposed pricing;(d) accept proposed Deliverables;(e) agree to usage rights;(f) enter into an agreement;(g) fund or launch a Campaign;(h) approve submitted content;(i) purchase additional rights;(j) renew or extend a Campaign; or(k) pursue another opportunity.Before a binding agreement is executed, a Brand may revise, delay, suspend, or discontinue a proposed opportunity, subject to any binding confidentiality, exclusivity, expense, letter-of-intent, or other preliminary obligation separately accepted by that Brand.Provocative Media is not responsible for a Brand’s independent decision not to proceed, except to the extent Provocative Media independently breaches an obligation it expressly assumed.5.10 No Guarantee of Creator Acceptance or Availability
Provocative Media does not guarantee that a particular Creator will:(a) be available;(b) express interest in a proposed opportunity;(c) accept proposed compensation;(d) agree to proposed Deliverables;(e) agree to proposed usage rights;(f) agree to paid advertising or whitelisting;(g) agree to exclusivity;(h) meet a proposed schedule;(i) satisfy a Brand’s lawful review requirements;(j) execute a Creator Campaign Addendum; or(k) remain available until all applicable agreements are completed.A reference to a Creator in a Website page, discussion, proposal, presentation, preliminary roster, Campaign concept, or other preliminary communication does not guarantee the Creator’s participation.Creator participation must be confirmed through the applicable:(a) Creator Sponsorship Representation Agreement;(b) Creator Campaign Addendum;(c) Creator Campaign Amendment; and(d) other required approval or authorization.5.11 No Reservation Before Written Confirmation
Preliminary communications do not reserve:(a) a Creator;(b) a Brand;(c) a Campaign date;(d) a publication date;(e) advertising inventory;(f) category exclusivity;(g) Services;(h) pricing;(i) Creator compensation;(j) Deliverables;(k) usage rights;(l) whitelisting rights;(m) personnel; or(n) another commercial term or resource.An opportunity is reserved only when Provocative Media provides written confirmation that the applicable reservation conditions have been satisfied.Reservation conditions may include:(a) execution of required agreements;(b) receipt of a deposit or other payment;(c) Creator approval;(d) Brand approval;(e) confirmation of availability;(f) confirmation of Campaign scope;(g) legal or compliance approval; and(h) another stated condition.Payment of a deposit does not reserve an opportunity unless the governing agreement or written confirmation states that the deposit creates the reservation.5.12 No Guarantee That a Preliminary Opportunity Will Close
An introduction, discussion, meeting, proposal, draft, estimate, verbal indication of interest, tentative approval, or exchange of proposed terms does not by itself guarantee that an opportunity will close.A proposed opportunity may fail to proceed because of:(a) pricing;(b) budget changes;(c) Creator availability;(d) Brand approval;(e) scheduling;(f) product or Campaign changes;(g) legal or compliance concerns;(h) Platform restrictions;(i) usage-rights issues;(j) exclusivity issues;(k) delayed approvals;(l) unsuccessful due diligence;(m) failure to execute an agreement;(n) failure to satisfy a condition;(o) failure to make a required payment;(p) Force Majeure; or(q) another legitimate business or legal reason.The expenditure of time, effort, information, or resources during preliminary evaluation does not, by itself, establish that a Campaign or agreement has been completed.5.13 Preliminary Negotiations and Reliance
Unless the parties expressly agree otherwise, preliminary negotiations are conducted with the expectation that final obligations will be stated in definitive written agreements.A preliminary communication should not be treated as a final commitment where it:(a) is labeled preliminary, draft, nonbinding, subject to approval, or subject to contract;(b) omits material terms;(c) refers to future definitive documentation;(d) remains subject to due diligence;(e) remains subject to Brand or Creator approval;(f) remains subject to payment;(g) remains subject to legal or compliance review; or(h) otherwise clearly indicates that additional conditions remain.Nothing in these Terms provides authorization to:(a) make a knowingly false promise;(b) fraudulently induce another person to incur an expense or take action;(c) misrepresent that approval has been obtained;(d) disregard a binding letter of intent or preliminary agreement;(e) disregard a promise enforceable under applicable law; or(f) avoid an obligation arising from legally sufficient reliance where applicable law recognizes that obligation.
5.14 No Duty to Continue Preliminary Negotiations
Before execution of a binding agreement, Provocative Media may ordinarily discontinue preliminary discussions.Provocative Media is not required to continue negotiations merely because:(a) information was exchanged;(b) meetings occurred;(c) a proposal was prepared;(d) draft documents were circulated;(e) preliminary terms were discussed;(f) internal approval was requested;(g) one party expected an agreement; or(h) time or expense was incurred.This Section does not eliminate an obligation arising under:(a) a binding letter of intent;(b) a confidentiality agreement;(c) an exclusivity agreement;(d) an expense-reimbursement agreement;(e) a separately accepted duty to negotiate;(f) an express authorized promise;(g) applicable law; or(h) another binding preliminary arrangement.5.15 No Guarantee of Creator Revenue
Provocative Media does not guarantee that a Creator, podcast, show, newsletter, publication, channel, community, or media organization will receive:(a) sponsorship revenue;(b) a minimum number of opportunities;(c) a minimum Campaign value;(d) recurring Brand work;(e) a particular rate;(f) a particular profit;(g) expense reimbursement;(h) renewals;(i) long-term Brand relationships; or(j) another financial result.Creator compensation for a particular Campaign will be determined by the applicable:(a) Creator Campaign Addendum;(b) Creator Campaign Amendment; or(c) other binding written agreement expressly establishing the compensation.Website content, market observations, preliminary discussions, estimates, rate discussions, examples, and historical Campaign results do not establish guaranteed compensation.5.16 No Guarantee of Brand Results
Provocative Media does not guarantee that a Campaign will produce:(a) a particular number of views;(b) impressions;(c) downloads;(d) clicks;(e) conversions;(f) leads;(g) sales;(h) subscriptions;(i) engagements;(j) a particular return on investment;(k) a particular cost per acquisition, impression, view, or engagement;(l) increased revenue or profit;(m) improved Brand awareness or sentiment;(n) audience growth;(o) media coverage;(p) viral distribution;(q) a particular search, recommendation, or algorithmic result; or(r) another commercial or performance outcome.Campaign performance may be affected by factors outside Provocative Media’s reasonable control, including:(a) audience behavior;(b) market conditions;(c) Platform algorithms;(d) content distribution;(e) Brand-provided materials;(f) product pricing;(g) product availability;(h) Creator performance;(i) timing;(j) competition;(k) technical failures;(l) regulatory changes; and(m) third-party conduct.Any expressly guaranteed performance obligation must be clearly stated in the applicable signed agreement.5.17 Deliverables Distinguished From Outcomes
A written agreement may require Provocative Media, a Creator, or another party to provide specified:(a) Deliverables;(b) Services;(c) publication activity;(d) reporting;(e) approvals;(f) Campaign coordination; or(g) other defined performance.An obligation to provide a Deliverable does not, by itself, guarantee:(a) audience reception;(b) engagement;(c) conversion;(d) sales;(e) revenue;(f) profitability;(g) Brand lift;(h) Platform distribution;(i) continued public availability;(j) advertising approval;(k) account standing; or(l) another outcome not expressly guaranteed.Failure to guarantee an outcome does not eliminate an obligation to provide a Deliverable or Service expressly required by a binding agreement.5.18 Objective Statements and Advertising Claims
Nothing in this Article authorizes Provocative Media to make:(a) a materially false statement;(b) a deceptive statement;(c) an unsubstantiated objective performance claim;(d) a misleading earnings claim;(e) a misleading typical-results claim; or(f) another representation prohibited by applicable law.Where Provocative Media makes an objective claim concerning:(a) its Services;(b) Campaign performance;(c) Creator performance;(d) audience characteristics;(e) prior results;(f) revenue;(g) response rates; or(h) another measurable matter,Provocative Media will maintain the level of substantiation required by applicable law for the claim actually conveyed.A general no-guarantee provision does not convert an otherwise false or deceptive objective statement into a lawful statement.5.19 Audience and Performance Metrics
Creator, Website, podcast, newsletter, Platform, and Campaign metrics may be based on:(a) information provided by Creators;(b) information provided by Brands;(c) publicly displayed Platform information;(d) screenshots;(e) exported analytics;(f) third-party measurement services;(g) estimates;(h) sampling;(i) historical results; or(j) information available at a particular time.Unless expressly stated otherwise, Provocative Media does not represent that every metric is:(a) independently audited;(b) free from error;(c) calculated consistently across Platforms;(d) continuously current;(e) unaffected by Platform corrections;(f) free from fraudulent or inauthentic activity; or(g) predictive of future performance.Provocative Media may conduct reasonable review or verification but is not required to independently audit every metric unless a binding agreement expressly requires that audit.Provocative Media will not knowingly present a metric it knows to be materially false or misleading.5.20 Corrections to Metrics
If Provocative Media becomes aware that a previously communicated metric was materially inaccurate, it may:(a) correct the metric;(b) provide updated information;(c) revise a proposal;(d) revise a Campaign package;(e) request additional verification;(f) withdraw the affected statement;(g) suspend consideration of the opportunity; or(h) take another reasonable action.A corrected metric does not necessarily require Provocative Media to:(a) restore an expired opportunity;(b) reverse an independent Brand decision;(c) reinstate a withdrawn proposal;(d) accept a Creator or Brand; or(e) enter into an agreement.Rights concerning a metric incorporated into a signed agreement will be determined by that agreement and applicable law.5.21 Historical Results, Case Studies, and Examples
A prior Campaign, case study, illustration, Creator result, Brand result, sponsorship example, testimonial, or other historical example does not guarantee that the same or a similar result will occur.Results may differ based on:(a) the Creator;(b) the Brand;(c) the audience;(d) the Platform;(e) the product or Service;(f) Campaign scope;(g) pricing;(h) timing;(i) budget;(j) content;(k) usage rights;(l) market conditions; and(m) other circumstances.Where a historical result or testimonial is used in advertising, Provocative Media will provide disclosures required by applicable law concerning:(a) generally expected results;(b) the limited applicability of the example;(c) material connections;(d) compensation or incentives;(e) material conditions affecting the result; and(f) another fact necessary to prevent the presentation from being misleading.A statement such as “results may vary,” “past performance does not guarantee future results,” or “results not typical” will not be treated as sufficient where applicable law requires a more specific disclosure.5.22 Testimonials and Endorsements
A testimonial or endorsement displayed by Provocative Media must reflect the honest opinion, findings, beliefs, or experience of the person providing it at the time it is used.Provocative Media will not knowingly:(a) fabricate a testimonial;(b) materially alter a testimonial to create a misleading impression;(c) attribute a testimonial to a person who did not provide it;(d) use an endorsement to make a claim that Provocative Media could not lawfully make directly;(e) conceal a material relationship where disclosure is required;(f) present an exceptional experience as generally expected without an appropriate disclosure; or(g) continue using a testimonial that Provocative Media knows has become materially misleading.Nothing in this Section requires Provocative Media to guarantee that another person will achieve the testimonial provider’s result.5.23 No Guarantee of Platform Treatment
Provocative Media does not control an independent third-party Platform and does not guarantee:(a) content distribution;(b) algorithmic treatment;(c) discoverability;(d) monetization eligibility;(e) account standing;(f) account verification;(g) continued account access;(h) continued availability of Platform features;(i) analytics accuracy;(j) content preservation;(k) advertising approval; or(l) Platform approval of a Campaign.A Platform may independently restrict, remove, demonetize, suppress, label, modify, or otherwise affect content or an account under its own rules and systems.This Section does not eliminate an obligation expressly assumed by Provocative Media to provide reasonable Campaign or Platform coordination.5.24 No Guarantee of Third-Party Conduct
Provocative Media does not guarantee the conduct, solvency, reliability, security, legality, performance, or continued participation of an independent:(a) Brand;(b) Creator;(c) vendor;(d) contractor;(e) Platform;(f) payment provider;(g) service provider;(h) agency;(i) event organizer;(j) advertiser; or(k) other third party.Provocative Media’s review or introduction of a person does not, by itself, constitute:(a) a warranty;(b) a certification;(c) a regulated background report;(d) a guarantee of performance;(e) a guarantee of payment;(f) a guarantee of legal compliance; or(g) an endorsement of every act of that person.This Section does not eliminate responsibility arising from:(a) Provocative Media’s own conduct;(b) a negligent or unlawful representation that cannot be disclaimed;(c) a binding agreement;(d) applicable law;(e) a provider acting on Provocative Media’s behalf where Provocative Media remains legally responsible; or(f) another expressly assumed obligation.5.25 No Guarantee of Payment From an Inquiry
An inquiry, submission, proposed opportunity, negotiation, draft agreement, estimate, or preliminary approval does not create a right to payment.No Creator, Brand, vendor, contractor, referral source, or other person is entitled to:(a) compensation;(b) a commission;(c) a referral fee;(d) reimbursement;(e) a deposit;(f) a cancellation payment;(g) a share of Campaign revenue;(h) a share of Provocative Media’s margin;(i) an equity interest; or(j) another payment or financial benefitunless the entitlement and applicable conditions are established in a binding agreement.Nothing in this Section eliminates a payment right that has already arisen under a binding agreement or applicable law.5.26 Internal Pricing, Compensation, and Margins
A Creator’s Website inquiry or participation in preliminary discussions does not create a right to know:(a) the Brand’s total Campaign Price;(b) Provocative Media’s fees;(c) Provocative Media’s margins;(d) internal allocations;(e) packaging methodology;(f) pricing strategy;(g) amounts paid to other Creators or vendors; or(h) other confidential commercial information.A Brand’s Website inquiry or participation in preliminary discussions does not create a right to know:(a) individual Creator compensation;(b) internal allocations;(c) vendor costs;(d) Provocative Media’s margins;(e) pricing methodology; or(f) another item of confidential internal financial information.Provocative Media may package, price, and allocate its Services and Campaign components as permitted by the applicable agreement.This Section does not prevent a disclosure required by:(a) applicable law;(b) a court order;(c) tax or accounting requirements;(d) a regulatory authority;(e) a binding agreement; or(f) Provocative Media’s authorized business decision.5.27 No Guarantee of Exclusivity
Website use, an inquiry, an introduction, preliminary discussions, or a proposed Campaign does not create exclusivity.Unless a binding agreement expressly provides otherwise, Provocative Media may:(a) communicate with other Brands;(b) evaluate other Creators;(c) work with businesses in the same or similar industry;(d) work with competing Brands or Creators where legally and contractually permitted;(e) present multiple potential participants;(f) pursue other Campaigns and opportunities; and(g) conduct its business without restriction.Any exclusivity must be expressly stated in a binding agreement and will apply only within the stated:(a) category;(b) competitor group;(c) duration;(d) territory;(e) Platform;(f) Campaign;(g) product or Service scope; and(h) other applicable limits.5.28 Preliminary Expenses
Unless Provocative Media expressly agrees otherwise in writing, each party is responsible for its own costs associated with:(a) preparing an inquiry;(b) assembling information;(c) preparing a media kit;(d) attending preliminary meetings;(e) obtaining professional advice;(f) reviewing a proposal;(g) negotiating potential terms;(h) preparing samples;(i) preparing preliminary materials;(j) conducting internal approval; and(k) evaluating a potential relationship.Provocative Media is not responsible for reimbursing costs incurred in anticipation of an opportunity that does not proceed unless reimbursement is required by a binding agreement or applicable law.5.29 Oral, Email, and Informal Communications
An oral statement, email, text message, direct message, Website statement, preliminary estimate, draft document, presentation, or other informal communication should not be treated as a final guarantee unless:(a) the communication contains sufficiently definite terms;(b) the sender possesses actual or legally sufficient authority;(c) the communication clearly manifests an intent to create a binding obligation;(d) any stated conditions have been satisfied;(e) any required acceptance has occurred; and(f) applicable law recognizes the obligation.Provocative Media intends that Campaign-specific obligations ordinarily be stated in:(a) an executed Brand Services Agreement;(b) an executed Brand Statement of Work;(c) an authorized Brand Change Order;(d) an executed Creator Sponsorship Representation Agreement;(e) an executed Creator Campaign Addendum;(f) an authorized Creator Campaign Amendment; or(g) another written record expressly identified as binding.A draft, estimate, discussion, or preliminary communication will not be treated as final merely because it was provided in writing.5.30 Estimates and Preliminary Information
A preliminary:(a) budget;(b) rate;(c) Campaign Price;(d) Creator compensation amount;(e) timeline;(f) Creator roster;(g) Campaign concept;(h) Deliverable description;(i) performance projection;(j) availability statement; or(k) other estimatemay be revised before execution of the applicable binding agreement.An estimate may depend on assumptions concerning:(a) Creator availability;(b) Brand requirements;(c) Campaign scope;(d) usage rights;(e) paid advertising;(f) whitelisting;(g) exclusivity;(h) timing;(i) Platform requirements;(j) revisions;(k) production or travel requirements;(l) expenses; and(m) other relevant conditions.A preliminary estimate is not a fixed or binding offer unless Provocative Media expressly identifies it as binding and all stated conditions are satisfied.5.31 Conditional Opportunities
A potential Campaign, representation relationship, Brand engagement, vendor engagement, or other opportunity may be conditioned on:(a) satisfactory due diligence;(b) identity and authority verification;(c) Brand approval;(d) Creator approval;(e) availability;(f) agreement on compensation or pricing;(g) agreement on Deliverables;(h) agreement on usage rights;(i) execution of required agreements;
(j) receipt of a deposit or payment;(k) legal and compliance approval;(l) product availability;(m) Platform eligibility;(n) insurance or documentation;(o) Parent or legal-guardian involvement where applicable;(p) required permits or approvals; and(q) other stated conditions.An opportunity is not final until all applicable conditions have been satisfied or validly waived by the party entitled to require them.5.32 Modification or Withdrawal of Preliminary Opportunities
Before a binding agreement is executed, Provocative Media may modify, replace, suspend, or withdraw a proposed opportunity for a legitimate reason, including:(a) changed Brand requirements;(b) Creator availability;(c) pricing or budget changes;(d) Campaign scope changes;(e) timing changes;(f) legal or compliance concerns;(g) new information;(h) failed due diligence;(i) third-party conduct;(j) Platform changes;(k) payment risk; or(l) another material business consideration.This Section does not authorize Provocative Media to:(a) breach a binding preliminary agreement;(b) retain a payment contrary to an applicable agreement;(c) disregard an express commitment;(d) fraudulently induce reliance; or(e) avoid another obligation imposed by applicable law.5.33 No Fiduciary or General Advisory Duty
Website use, an inquiry, preliminary discussions, or general Website information does not create a fiduciary, advisory, agency, brokerage, management, or special relationship requiring Provocative Media to:(a) act exclusively in the visitor’s interest;(b) recommend every potentially available opportunity;(c) disclose every business contact;(d) disclose every commercial opportunity;(e) provide legal, tax, financial, investment, insurance, or employment advice;(f) maximize another person’s compensation or profit;(g) investigate every third party; or(h) protect another person from every business risk.Any agency, representative, administrative, contractual, or other duty accepted by Provocative Media will be determined by the applicable signed agreement and applicable law.5.34 Independent Evaluation
Each Creator, Brand, vendor, contractor, referral partner, and other business contact is responsible for independently evaluating:(a) the suitability of a potential relationship;(b) proposed commercial terms;(c) legal consequences;(d) tax consequences;(e) intellectual-property rights;(f) usage and exclusivity provisions;(g) Platform requirements;(h) financial risks;(i) insurance requirements;(j) professional-adviser needs; and(k) whether to proceed with an opportunity.Provocative Media’s involvement does not replace independent legal, tax, accounting, financial, insurance, or other professional advice.Nothing in this Section requires a person to obtain professional advice, but the person remains responsible for deciding whether such advice is appropriate.5.35 Rights Under Binding Agreements
Nothing in this Article eliminates, limits, or modifies a specific:(a) representation;(b) warranty;(c) payment obligation;(d) Deliverable;(e) Service commitment;(f) Campaign obligation;(g) confidentiality obligation;(h) license;(i) approval right;(j) indemnification obligation; or(k) other obligationexpressly stated in a binding agreement.Once an agreement is executed, the parties’ rights and obligations will be governed by:(a) that agreement;(b) incorporated Campaign documents;(c) authorized amendments and Change Orders;(d) applicable approvals; and(e) applicable law.If a binding agreement expressly conflicts with this Article, the binding agreement will control the relationship and subject matter it governs.5.36 No Exclusion of Nonwaivable Rights or Liability
Nothing in this Article excludes, excuses, or limits:(a) fraudulent conduct;(b) intentional deception;(c) a knowingly false advertising claim;(d) an unsubstantiated objective claim where substantiation is legally required;(e) breach of an express binding obligation;(f) unlawful discrimination;(g) infringement or misappropriation;(h) violation of a nonwaivable statutory right;(i) liability that applicable law does not permit to be disclaimed; or(j) another obligation that cannot lawfully be excluded.The absence of a guarantee does not authorize Provocative Media or another person to make a false statement concerning the likelihood, availability, value, or expected result of an opportunity.5.37 Relationship to Other Articles
This Article should be read together with the provisions concerning:(a) acceptance, scope, and eligibility;(b) Website inquiries and Submitted Materials;(c) intellectual property;(d) third-party Websites and Platforms;(e) disclaimers;(f) limitations of liability;(g) indemnification;(h) separate commercial agreements; and(i) dispute resolution.
6. INTELLECTUAL PROPERTY AND WEBSITE CONTENT
6.1 Scope of This Article
This Article governs intellectual-property and proprietary rights concerning:(a) the Website;(b) Website Content;(c) Provocative Media Marks;(d) third-party materials displayed through the Website;(e) Brand and Creator materials;(f) Campaign Content referenced or displayed through the Website;(g) forms, templates, and business materials;(h) software, code, and technical components;(i) links, screenshots, and excerpts; and(j) other materials made available through or in connection with the Website.This Article should be read together with the provisions concerning:(a) Permitted Use of the Website;(b) Prohibited Conduct;(c) Website Inquiries and Submitted Information;(d) third-party Websites and Platforms;(e) separate commercial agreements; and(f) applicable law.6.2 Meaning of Website Content
For purposes of these Terms, “Website Content” means material displayed, transmitted, or made available through or forming part of the Website, including:(a) text and written copy;(b) headlines, descriptions, slogans, and service information;(c) logos, names, marks, symbols, and branding;(d) graphics, illustrations, photographs, icons, and visual elements;(e) videos, audio recordings, animations, and audiovisual materials;(f) protectable elements of Website design, layout, selection, coordination, arrangement, and presentation;(g) original expressive portions of forms, questionnaires, instructions, and submission processes;(h) protectable databases, compilations, categories, and organizational structures;(i) downloadable materials;(j) software, scripts, code, interfaces, and functionality;(k) reports, examples, presentations, and business materials; and(l) other material made available through the Website.Website Content may consist of:(a) Provocative Media Content;(b) Third-Party Content;(c) Brand Materials;(d) Creator Content;(e) Submitted Materials used under an applicable license;(f) open-source or commercially licensed technology; or(g) combinations of those materials.The inclusion of material within the definition of Website Content does not represent that every individual element is independently protected by intellectual-property law.6.3 Provocative Media Content
“Provocative Media Content” means Website Content that:(a) was created by Provocative Media;(b) was created for Provocative Media and validly assigned to it;(c) qualifies as a work made for hire owned by Provocative Media;(d) is licensed to Provocative Media with sufficient enforcement or use rights; or(e) is otherwise lawfully controlled by Provocative Media.As between you and Provocative Media, and subject to third-party rights, Provocative Media owns, licenses, or otherwise controls its rights in Provocative Media Content.Those rights may include, where applicable:(a) copyrights;(b) trademark and service-mark rights;(c) trade-name rights;(d) trade-dress rights;(e) domain-name rights;(f) compilation rights;(g) database rights recognized by applicable law;(h) contractual rights;(i) rights in confidential nonpublic materials;(j) trade-secret rights in qualifying nonpublic information; and(k) other intellectual-property and proprietary rights.6.4 Limits of Claimed Copyright Protection
Provocative Media does not claim copyright protection over material that applicable copyright law does not protect.Depending on the circumstances, copyright protection may not extend to:(a) ideas;(b) concepts;(c) principles;(d) procedures;(e) processes;(f) systems;(g) methods of operation;(h) discoveries;(i) facts;(j) data standing alone;(k) names;(l) titles;(m) short phrases;(n) common slogans;(o) ordinary typefaces or lettering;(p) familiar symbols or designs;(q) blank forms;(r) common form fields;(s) functional requirements;(t) standard Website conventions; or(u) material lacking sufficient original authorship.Copyright may protect Provocative Media’s original expression, explanation, graphic treatment, selection, coordination, or arrangement without protecting the underlying idea, process, system, fact, or method.Nothing in these Terms prevents another person from independently developing or lawfully using an unprotected idea, fact, process, system, or functional concept.6.5 Public Content Distinguished From Confidential Information
Information voluntarily published on the public Website is not treated as a trade secret merely because it concerns Provocative Media’s business.Trade-secret or confidential-business protection may apply to qualifying nonpublic materials, including:(a) source code not intentionally made public;(b) private system documentation;(c) nonpublic pricing methodologies;(d) internal Campaign allocations;(e) Creator compensation;(f) internal financial information;(g) nonpublic Creator or Brand lists;(h) negotiation strategies;(i) internal evaluations;(j) security procedures;(k) passwords and authentication information;(l) confidential agreements;(m) private business records; and(n) other information that remains subject to reasonable confidentiality protections.Access to public Website Content does not authorize access to nonpublic materials or systems.6.6 Third-Party Content
Certain Website Content may be owned by or licensed from third parties, including:(a) Website-building and hosting providers;(b) photographers;(c) designers;(d) illustrators;(e) stock-content providers;(f) font and icon providers;(g) software and technology providers;(h) open-source software licensors;(i) Brands;(j) Creators;(k) vendors and contractors; and(l) other licensors or content owners.Third-Party Content remains subject to the rights of its applicable owner or licensor.Nothing in these Terms transfers ownership of Third-Party Content to Provocative Media or to you.Third-Party Content may be governed by:(a) separate license conditions;(b) open-source licenses;(c) attribution requirements;(d) Platform Rules;(e) usage limitations;(f) geographic restrictions;(g) duration limitations; or(h) other applicable terms.Where a third-party license grants rights broader than these Terms, the third-party license controls the use of the applicable third-party component to the extent legally required.6.7 No Ownership Representation Concerning Every Element
Provocative Media does not represent that it owns every individual item displayed through the Website.Provocative Media may display or reference material under:(a) ownership rights;(b) a license;(c) permission;(d) a Platform authorization;(e) a Campaign agreement;(f) fair use;(g) nominative or descriptive use;(h) another statutory limitation or exception; or(i) another legally sufficient basis.A copyright notice identifying Provocative Media’s rights in the Website as a whole does not represent that Provocative Media owns every third-party:(a) photograph;(b) logo;(c) trademark;(d) font;(e) icon;(f) software component;(g) Brand Material;(h) Creator Content; or(i) external resource appearing through the Website.6.8 Limited Website-Content License
Subject to these Terms, Provocative Media grants you a limited, revocable, nonexclusive, nontransferable, and nonsublicensable license to access and view publicly available Website Content solely for:(a) personal informational use;(b) legitimate internal business evaluation;(c) evaluating a potential relationship with Provocative Media;(d) legal, compliance, procurement, insurance, or professional review connected to a legitimate inquiry;(e) accessibility purposes;(f) maintaining a reasonable record of an inquiry; and(g) another use expressly authorized by Provocative Media.This limited license does not transfer:(a) ownership;(b) an exclusive right;(c) a commercial-content license;(d) a trademark license;(e) a right to use a person’s identity;(f) access to nonpublic materials;(g) a Campaign usage right; or(h) another right not expressly granted.6.9 Relationship to the General Website License
The license granted by this Article supplements the Website-use permission stated in Article 2.Where Article 2 provides a more specific rule concerning:(a) ordinary browser use;(b) accessibility tools;(c) printing and saving;(d) linking;(e) search-engine indexing;(f) automated access;(g) artificial-intelligence use; or(h) technical access,the more specific rule applies.Revocation of the general Website license also revokes the Website Content license, except for rights that:(a) previously vested under a separate agreement;(b) applicable law does not permit Provocative Media to revoke; or(c) are reasonably necessary to maintain records lawfully created before revocation.6.10 Permitted Limited Copies
You may print, download, save, or retain a reasonable number of copies of publicly available Website Content solely for:(a) personal reference;(b) internal business review;(c) procurement or approval procedures;(d) legal or compliance review;(e) accessibility purposes;(f) professional advice concerning a legitimate inquiry; or(g) maintaining a reasonable record of a Website interaction.A permitted copy should:(a) remain reasonably complete and accurate;(b) retain applicable copyright, trademark, attribution, and proprietary notices;(c) not be modified in a materially misleading manner;(d) not be publicly redistributed or commercially exploited; and(e) not falsely imply sponsorship, endorsement, affiliation, or authorization.This Section does not prohibit a copy or excerpt independently authorized by applicable law.6.11 Prohibited Uses of Website Content
Except as authorized by these Terms, a separate agreement, Provocative Media’s written permission, or applicable law, you may not systematically or substantially:(a) copy or reproduce protected Website Content;(b) republish or redistribute protected Website Content;(c) sell, rent, license, sublicense, or monetize Website Content;(d) publicly display or publicly perform Website Content;(e) modify, translate, adapt, or create derivative commercial works from Website Content;(f) extract or reuse a substantial protected portion of Website Content;(g) incorporate Website Content into another Website, application, database, template, commercial presentation, service, or product;(h) use Website Content in advertising or marketing;(i) remove or alter an ownership, copyright, trademark, attribution, watermark, or proprietary notice;(j) conceal or misrepresent the source of Website Content;(k) use protected Website expression or nonpublic materials to create a substitute or confusingly similar service;(l) falsely identify Website Content as your own;(m) authorize another person to engage in prohibited conduct; or(n) otherwise exploit Website Content beyond the applicable permission.This Section does not prohibit lawful competition based on independently developed materials, unprotected facts, ideas, systems, processes, or methods.6.12 Website Design, Selection, and Arrangement
Provocative Media may claim rights in the original and protectable selection, coordination, arrangement, and presentation of Website Content.Potentially protected elements may include original:(a) combinations of written and visual content;(b) graphics;(c) page compositions;(d) section arrangements;(e) navigation presentations;(f) custom illustrations;(g) distinctive copy;(h) expressive form instructions; and(i) other creative combinations.Provocative Media does not claim exclusive rights in:(a) common Website layouts;(b) functional page arrangements;(c) ordinary navigation conventions;(d) general design trends;(e) standard responsive-design methods;(f) common color combinations standing alone;(g) general business ideas;(h) unprotectable functional elements; or(i) elements independently created by another person.You may not copy protected expressive elements in a manner that is infringing, deceptive, or likely to create source confusion.6.13 Forms, Questions, and Business Materials
Provocative Media may claim rights in sufficiently original expression contained in its:(a) Website copy;(b) form instructions;(c) qualification descriptions;(d) explanatory language;(e) custom question sequences;(f) presentations;(g) reports;(h) graphics;(i) templates; and(j) other original business materials.Provocative Media does not claim copyright protection over ordinary blank forms, common questions, standard fields, general legal concepts, factual information, business methods, or functional processes merely because they appear through the Website.You may not reproduce protected expressive portions of Provocative Media’s materials for:(a) resale;(b) public template distribution;(c) deceptive imitation;(d) another company’s marketing;(e) operation of a substitute service; or(f) another unauthorized commercial purpose.6.14 Provocative Media Marks
“Provocative Media Marks” means the trademarks, service marks, trade names, logos, symbols, designs, and other source identifiers used by Provocative Media to identify its Services or business.Provocative Media Marks may include:(a) PROVOCATIVE MEDIA;(b) Provocative Media logo designs;(c) the PM monogram or submark;(d) distinctive logo-and-name combinations;(e) domain names and social-media identifiers used as source identifiers; and(f) other marks identified or used by Provocative Media from time to time.A word, phrase, symbol, or design is included as a Provocative Media Mark only to the extent Provocative Media possesses enforceable rights in it.These Terms do not represent that every slogan, phrase, headline, or design displayed through the Website functions as a trademark.6.15 Registered and Unregistered Marks
Provocative Media may possess rights in a mark through legally recognized use even where the mark has not been federally registered.Provocative Media may use:(a) TM to indicate a claim in an unregistered trademark;(b) SM to indicate a claim in an unregistered service mark; and(c) ® only for a mark that is federally registered and only in connection with the goods or Services covered by the registration.The presence or absence of a symbol does not, by itself, determine whether enforceable rights exist.Nothing in these Terms represents that a particular mark is federally registered unless the mark is accurately identified as registered.
6.16 Restrictions on Use of Provocative Media Marks
Without Provocative Media’s prior written authorization, you may not use a Provocative Media Mark:(a) as part of a company, product, service, program, event, or account name;(b) in a domain name, subdomain, social-media handle, username, email address, or application name;(c) in advertising or promotional material in a manner suggesting authorization;(d) in metadata, hidden text, keywords, or tags for a deceptive or confusing purpose;(e) in a manner falsely suggesting sponsorship, endorsement, representation, approval, employment, or affiliation;(f) in a manner likely to create actionable confusion concerning source, ownership, or authorization;(g) in a materially distorted or deceptive form;(h) on merchandise or promotional goods;(i) in connection with fraud, impersonation, infringement, or unlawful conduct; or(j) in another manner that infringes or dilutes applicable trademark rights.This Section does not prohibit lawful referential, descriptive, nominative, editorial, comparative, or otherwise protected use.6.17 Referential Use of the Provocative Media Name
You may use the words “Provocative Media” in ordinary text to truthfully identify or refer to Provocative Media, provided that the reference:(a) is accurate;(b) is not materially misleading;(c) does not falsely imply affiliation, sponsorship, approval, or endorsement;(d) does not use a stylized logo without appropriate authorization;(e) does not falsely suggest that you speak for Provocative Media; and(f) otherwise complies with applicable law.Nothing in these Terms prohibits lawful:(a) nominative use;(b) descriptive use;(c) comparative advertising;(d) news reporting;(e) commentary;(f) criticism;(g) parody;(h) review activity; or(i) another legally protected reference.6.18 Third-Party Marks
Names, logos, product names, service names, Platform names, and other source identifiers belonging to Brands, Creators, providers, Platforms, or other third parties remain the property of their respective owners.The appearance of a third-party mark through the Website does not mean that:(a) Provocative Media owns the mark;(b) the owner endorses Provocative Media;(c) Provocative Media endorses every product or activity of the owner;(d) a current commercial relationship exists;(e) the mark is used beyond the scope of the applicable permission; or(f) Website visitors receive a license to use the mark.All third-party marks are used subject to applicable law, agreement, permission, or other legal authority.6.19 No Implied Endorsement or Relationship
Displaying, mentioning, reviewing, linking to, or discussing a Brand, Creator, Platform, podcast, newsletter, vendor, product, service, or other third party does not necessarily mean that Provocative Media:(a) represents that party;(b) currently has an agreement with that party;(c) endorses or recommends that party;(d) guarantees that party’s conduct;(e) received compensation from that party;(f) controls that party; or(g) is affiliated with that party.Any actual representation, sponsorship, endorsement, Campaign, or commercial relationship will depend on the applicable facts and agreements.6.20 Brand and Creator Intellectual Property
Brands and Creators retain their respective rights in their:(a) names;(b) logos;(c) trademarks;(d) service marks;(e) content;(f) photographs;(g) video and audio materials;(h) Campaign materials;(i) publicity and identity rights;(j) media kits;(k) analytics;(l) products and packaging; and(m) other intellectual property,except to the extent particular rights are expressly licensed, assigned, released, or otherwise authorized under a separate agreement.The appearance of Brand or Creator material through the Website does not grant a visitor the right to:(a) download or reproduce the material;(b) use a Creator’s name, image, likeness, voice, signature, or handle;(c) use a Brand’s name, logo, product imagery, or packaging;(d) repost or commercially exploit Campaign Content;(e) imply affiliation with the Brand or Creator; or(f) use the material beyond an applicable legal authorization.6.21 Campaign Content
Ownership and permitted use of content created, licensed, or used in connection with a Campaign will be determined by the applicable:(a) Brand Services Agreement;(b) Brand Statement of Work;(c) Brand Change Order;(d) Creator Sponsorship Representation Agreement;(e) Creator Campaign Addendum;(f) Creator Campaign Amendment;(g) license;(h) release;(i) Platform authorization; or(j) other governing written agreement.Website access does not:(a) expand a Campaign license;(b) renew an expired license;(c) transfer ownership;(d) grant paid-media rights;(e) grant whitelisting rights;(f) grant editing or derivative-work rights;(g) create exclusivity;(h) authorize sublicensing;(i) authorize artificial-intelligence training or synthetic use; or(j) create another Campaign right.6.22 Public Availability Does Not Grant a License
The public availability of content through:(a) the Website;(b) a Creator profile;(c) a Brand page;(d) a Platform;(e) a search engine;(f) a publication; or(g) another public sourcedoes not, by itself, mean that the content may be freely copied, modified, redistributed, monetized, trained on, licensed, or commercially exploited.Public availability also does not eliminate:(a) copyright;(b) trademark rights;(c) publicity rights;(d) privacy rights;(e) contractual restrictions;(f) Platform Rules;(g) moral rights where applicable; or(h) other legal protections.Nothing in this Section prevents a use independently authorized by applicable law.6.23 Linking, Framing, and Embedding
Ordinary linking to the public Website is governed by Article 2.Without appropriate authorization, you may not:(a) frame the Website in a manner falsely suggesting that it is part of another Website or service;(b) obscure the Website’s source or ownership;(c) use embedded or inline content in a materially misleading or commercially exploitative manner;(d) use a Provocative Media logo as a commercial link in a manner implying authorization;(e) create a link that falsely suggests affiliation or endorsement;(f) bypass an access control or required submission sequence;(g) use deceptive redirects; or(h) display Website Content in a manner likely to create actionable source confusion.This Section does not prohibit lawful ordinary links, citations, references, or embedding authorized by the applicable provider or law.6.24 Screenshots and Excerpts
A limited screenshot or excerpt may be used where:(a) Provocative Media authorizes the use;(b) these Terms permit the use;(c) the use is reasonably necessary for legitimate internal review;(d) the use is necessary to document a transaction or concern;(e) the use is protected by applicable law; or(f) another lawful basis applies.A screenshot or excerpt must not be:(a) materially altered to create a deceptive impression;(b) presented without context where the omission creates a materially false impression;(c) used to impersonate Provocative Media;(d) used to fabricate an offer, endorsement, approval, signature, or business relationship;(e) commercially exploited beyond the applicable authorization; or(f) used in violation of intellectual-property, privacy, publicity, or confidentiality rights.6.25 Artificial-Intelligence Training and Dataset Use
To the extent these Terms validly apply to the person or activity, the limited Website license does not authorize systematic use of Website Content to:(a) train an artificial-intelligence or machine-learning model;(b) fine-tune a model;(c) create a model-training dataset;(d) create a benchmarking or evaluation dataset;(e) create embeddings for a commercial retrieval system;(f) ground a commercial artificial-intelligence service;(g) reproduce substantial Website Content through a substitute service;(h) develop a competing model, Website, or product using protected expression; or(i) retain Website Content for unrelated automated model development.This contractual restriction applies independently of whether a particular use would also infringe copyright or violate another law.Nothing in this Section represents that every form of artificial-intelligence training:(a) constitutes copyright infringement;(b) is never fair use;(c) is prohibited in every jurisdiction; or(d) may be restricted by contract against a person who did not agree to these Terms.Nothing in this Section restricts a nonwaivable statutory right or exception.6.26 Ordinary User-Directed AI and Assistive Functions
Section 6.25 does not prohibit an ordinary user-directed tool from processing limited Website Content solely to:(a) read Website text aloud;(b) translate Website text for the user;(c) summarize limited content for personal or internal review;(d) improve accessibility;(e) assist with navigation;(f) identify spelling or grammatical issues; or(g) perform another temporary, noncommercial user function,provided that the use does not:(a) retain the content for model training;(b) systematically extract the Website;(c) create a commercial dataset;(d) reproduce substantial Website Content publicly;(e) create a substitute Website or service;(f) bypass technical restrictions; or(g) violate applicable law.6.27 Synthetic Media, Digital Replicas, and False Endorsements
Without appropriate authorization, you may not use Website Content, Provocative Media Marks, or lawfully protected personal attributes to create or distribute:(a) a synthetic voice falsely presented as authentic;(b) a deceptive digital replica;(c) a deepfake falsely associated with Provocative Media;(d) an AI-generated spokesperson falsely presented as authorized;(e) a fabricated endorsement;(f) a fabricated approval;(g) a false business communication;(h) a simulated advertisement presented as genuine; or(i) another materially deceptive representation that Provocative Media or an identified person created, approved, sponsored, or participated in the content.Rights in the name, image, likeness, voice, signature, and identity of an individual may belong to that individual rather than Provocative Media.Nothing in this Section prohibits a lawful and nondeceptive:(a) parody;(b) satire;(c) criticism;(d) commentary;(e) news report;(f) fictional portrayal;(g) clearly labeled simulation; or(h) other protected use.6.28 Copyright and Proprietary Notices
The Website may display copyright, trademark, attribution, licensing, and other proprietary notices.You may not remove, conceal, falsify, alter, or misrepresent an applicable notice in a manner prohibited by law or these Terms.A notice concerning the Website as a whole does not represent that Provocative Media owns every third-party element appearing within it.Unless otherwise identified, original Website Content owned by Provocative Media may be designated as:© 2026 Provocative Media LLC. All rights reserved.The year should be updated if the relevant content is first published in a different year.The absence of a copyright notice does not, by itself, waive copyright protection.6.29 Copyright Registration
Copyright protection may arise without registration where the applicable legal requirements are satisfied.Provocative Media may register particular Website Content with the United States Copyright Office or another authority where it determines that registration is appropriate.Nothing in these Terms represents that:(a) the entire Website is covered by one registration;(b) every Website element has been registered;(c) every Website element qualifies for registration;(d) registration covers third-party materials;(e) registration covers unprotectable ideas or functional elements; or(f) a registration has been issued unless Provocative Media accurately identifies it.6.30 Feedback and Suggestions
The treatment of voluntarily submitted Feedback is governed by the Feedback provisions of Article 4, including Section 4.23.The Feedback license does not apply to:(a) Creator Content;(b) Brand Materials;(c) personal information;(d) a formal Campaign proposal;(e) a creative concept offered for negotiated compensation;(f) confidential information covered by a written agreement; or(g) material the parties agree in writing will receive different treatment.Nothing in this Article expands the Feedback license beyond Article 4.
6.31 No Unintended License
Except for the limited rights expressly granted by these Terms or another applicable agreement, Provocative Media does not intend to grant an additional intellectual-property license through:(a) silence;(b) failure to respond to a request;(c) failure to immediately detect a use;(d) isolated tolerance of conduct;(e) informal discussions;(f) receipt of an inquiry;(g) public display of content; or(h) failure to enforce a right on a particular occasion.A license may nevertheless arise where:(a) an authorized representative expressly grants it;(b) a binding agreement grants it;(c) Provocative Media’s authorized conduct legally establishes an implied license;(d) waiver or estoppel is established under applicable law; or(e) another legal rule requires recognition of the right.No implied license extends beyond the scope reasonably established by the applicable facts and law.6.32 Requests for Permission
A request to reproduce, publish, distribute, display, perform, adapt, license, or otherwise use Website Content should be submitted through the general contact method identified on the Website.The request should identify:(a) the specific content;(b) the proposed use;(c) the requester;(d) the intended audience;(e) the distribution method;(f) the proposed duration;(g) the proposed territory;(h) whether the use is commercial;(i) proposed modifications;(j) the media or Platforms involved; and(k) other information reasonably necessary to evaluate the request.Submitting a request does not grant permission.Permission is granted only through:(a) express written authorization from an authorized representative of Provocative Media;(b) an executed license; or(c) another legally sufficient authorization.Provocative Media may grant, condition, limit, price, or decline a permission request.6.33 Reports of Suspected Infringement
A person who reasonably believes that material under Provocative Media’s control infringes that person’s copyright, trademark, publicity right, or other intellectual-property right may submit a written report through the general contact method identified on the Website.The subject line should state:Intellectual Property ConcernThe report should include, where applicable:(a) identification of the right allegedly infringed;(b) identification or description of the protected work, mark, identity, or material;(c) the location of the allegedly infringing Website material;(d) the reporting party’s name and contact information;(e) an explanation of why the use is believed to be unauthorized;(f) a good-faith statement concerning the report;(g) information concerning the owner or authorized representative;(h) available registration information; and(i) supporting information reasonably relevant to the claim.The report should not include unnecessary passwords, credentials, financial information, identification documents, or other sensitive personal information.6.34 General Report Distinguished From a Formal DMCA Notice
The reporting method described in Section 6.33 is a general intellectual-property reporting process.It is not represented as a formal Digital Millennium Copyright Act notice-and-counter-notice procedure unless Provocative Media:(a) qualifies for the applicable statutory treatment;(b) designates an agent;(c) registers the agent with the United States Copyright Office;(d) publishes the required agent information;(e) maintains the designation in active status; and(f) implements the applicable procedures.A general infringement report may still be reviewed even if it does not satisfy every requirement applicable to a formal DMCA notice.6.35 No DMCA-Agent Representation Unless Registered
Provocative Media does not represent through these Terms that it has a registered DMCA designated agent unless:(a) the agent appears in the United States Copyright Office’s official directory;(b) the designation identifies the applicable legal entity and alternate names;(c) the required contact information is publicly available;(d) the designation remains active; and(e) the Website accurately identifies the agent.If Provocative Media later registers an agent, it may publish separate procedures concerning:(a) copyright notices;(b) counter-notices;(c) removal or disabling of access;(d) replacement of removed material;(e) repeat infringers where applicable;(f) agent contact information; and(g) other statutory requirements.The registration of an agent does not automatically establish that every statutory safe-harbor requirement has been satisfied.6.36 Review of Infringement Reports
After receiving an infringement report, Provocative Media may:(a) review the identified material;(b) request clarification or additional information;(c) verify that the material is under its control;(d) contact the person who supplied or owns the material;(e) temporarily restrict or remove the material;(f) preserve relevant records;(g) refer the matter to counsel, a provider, a Platform, or another appropriate party;(h) restore material where appropriate;(i) decline to act where the report is incomplete, unsupported, fraudulent, abusive, or misdirected; or(j) take another reasonable action.Provocative Media is not required to:(a) adjudicate ownership disputes;(b) determine the ultimate legal merits of every claim;(c) remove material outside its control;(d) disclose privileged legal advice;(e) disclose another person’s private information; or(f) accept liability merely because a report was submitted.6.37 False or Abusive Reports
You may not knowingly submit a materially false, fraudulent, forged, deceptive, or abusive infringement report.A person submitting a report should possess a reasonable factual and legal basis for the claim.Provocative Media may preserve information concerning an abusive report where reasonably necessary to:(a) prevent misuse;(b) respond to the affected person;(c) restore improperly restricted material;(d) protect legal rights;(e) establish, exercise, or defend a claim; or(f) comply with applicable law.Nothing in this Section discourages a good-faith report merely because the legal issue is disputed or the report is ultimately unsuccessful.6.38 Enforcement of Intellectual-Property Rights
Provocative Media may take lawful action in response to suspected infringement, false affiliation, impersonation, or misuse, including:(a) requesting that the activity stop;(b) requesting removal or correction;(c) restricting Website access;(d) terminating a permission or license;(e) notifying a Platform, hosting provider, registrar, advertiser, payment provider, or other intermediary;(f) submitting a takedown or infringement report;(g) preserving evidence;(h) seeking injunctive relief;(i) seeking damages or other remedies; and(j) exercising rights available under an agreement or applicable law.Provocative Media’s decision not to enforce a right in one instance does not waive the right in another instance.Any remedy remains subject to:(a) proof of the applicable right;(b) applicable defenses;(c) applicable limitations and exceptions;(d) procedural requirements; and(e) applicable law.6.39 Fair Use and Other Lawful Uses
Nothing in these Terms is intended to prohibit:(a) qualifying fair use;(b) lawful criticism;(c) lawful commentary;(d) news reporting;(e) scholarship;(f) teaching;(g) research;(h) lawful parody or satire;(i) nominative or descriptive trademark use;(j) comparative advertising permitted by law;(k) protected review activity;(l) use of facts, ideas, methods, systems, or other unprotected material;(m) lawful accessibility-related use;(n) lawful interoperability activity;(o) another statutory limitation or exception; or(p) another right that cannot lawfully be waived or restricted.Whether a particular activity qualifies for a legal protection depends on the facts and applicable law.A person claiming a protected use remains responsible for ensuring that the requirements of the applicable protection are satisfied.6.40 No Admission Concerning Protectability or Infringement
Nothing in these Terms constitutes an admission that:(a) every item of Website Content is protectable;(b) every claimed mark is valid or registered;(c) every unauthorized use constitutes infringement;(d) every similarity constitutes copying;(e) every contractual violation constitutes an intellectual-property violation;(f) every use of a mark creates confusion;(g) every use of content for artificial-intelligence purposes is unlawful; or(h) every infringement report has legal merit.Protectability, ownership, validity, infringement, defenses, and remedies remain subject to the applicable facts and law.6.41 Reservation of Rights
Provocative Media, Brands, Creators, licensors, and other applicable rights holders reserve all rights not expressly granted under these Terms or another binding agreement.No provision should be interpreted as granting rights beyond:(a) the limited Website license;(b) an applicable content license;(c) a Campaign agreement;(d) an authorized Platform permission;(e) applicable law; or(f) another express authorization.6.42 Survival
Provisions that by their nature should continue after Website access or these Terms end will survive, including provisions concerning:(a) ownership;(b) third-party rights;(c) use restrictions arising from prior conduct;(d) trademarks;(e) Submitted Materials and Feedback;(f) Campaign Content;(g) infringement reports;(h) enforcement;(i) lawful-use limitations;(j) reservation of rights; and(k) remedies concerning prior unauthorized conduct.
7. USER-SUBMITTED CONTENT AND MATERIALS
7.1 Purpose and Relationship to Article 4
This Article governs the ownership, licensing, authorized use, public display, intellectual-property treatment, and content standards applicable to materials submitted to Provocative Media through a process governed by these Terms.Article 4 governs the broader handling of Website inquiries and Submitted Materials, including:(a) submission procedures;(b) accuracy and authority;(c) business evaluation;(d) disclosures to counterparties;(e) verification and due diligence;(f) confidentiality limitations;(g) retention;(h) withdrawal;(i) service-provider processing; and(j) privacy-related treatment.This Article supplements Article 4 and does not expand the processing purposes stated in Article 4 or the Privacy Policy.7.2 User-Submitted Materials
For purposes of this Article, “User-Submitted Materials” means content or materials that you submit, upload, transmit, send, provide access to, or otherwise make available to Provocative Media through a process governed by these Terms.User-Submitted Materials may include:(a) written messages and descriptions;(b) photographs and graphics;(c) audio and video recordings;(d) content samples;(e) social-media and public-profile links;(f) podcast, streaming, newsletter, publication, and channel materials;(g) media kits and rate cards;(h) audience and performance information;(i) analytics reports and screenshots;(j) presentations;(k) proposals;(l) portfolios;(m) Brand Materials;(n) Creator Content;(o) Campaign information;(p) names, logos, trademarks, and branding;(q) documents and attachments;(r) testimonials, reviews, and statements;(s) Feedback; and(t) other materials voluntarily provided to Provocative Media.Personal information contained in User-Submitted Materials remains governed by the Privacy Policy and applicable law.7.3 No General Public-Posting Service
The Website is not currently intended to operate as:(a) a public forum;(b) a social network;(c) a public message board;(d) a public content-hosting service;(e) a public review platform;(f) an open file-sharing service; or(g) a user-generated-content community.Submitting User-Submitted Materials does not mean that those materials will be:(a) published through the Website;(b) displayed publicly;(c) presented to a Brand or Creator;(d) included in a Campaign;(e) used in advertising or marketing;(f) reviewed;(g) accepted;(h) preserved permanently; or(i) returned.Provocative Media may determine whether and how to review User-Submitted Materials, subject to applicable law and any binding written agreement.7.4 Ownership of User-Submitted Materials
As between you and Provocative Media, you retain the ownership rights you lawfully possess in your User-Submitted Materials.Submitting User-Submitted Materials does not, by itself, transfer ownership of:(a) copyrights;(b) trademarks;(c) service marks;(d) publicity rights;(e) Creator Content;(f) Brand Materials;(g) photographs;(h) videos;(i) audio recordings;(j) media kits;(k) portfolios;(l) Campaign concepts;(m) analytics reports;(n) proposals; or(o) other intellectual property.Possession of a physical or electronic copy is separate from ownership of intellectual-property rights in that copy.7.5 No Work-Made-for-Hire or Ownership Transfer
Submission of User-Submitted Materials does not, by itself:(a) create a work-made-for-hire arrangement;(b) assign copyright ownership;(c) grant an exclusive license;(d) assign trademark rights;(e) assign publicity rights;(f) transfer ownership of a Campaign concept;(g) waive moral rights where applicable;(h) transfer ownership of underlying content; or(i) grant Provocative Media rights beyond those expressly stated in these Terms.Any assignment, exclusive license, work-made-for-hire arrangement, ownership transfer, or transfer of exclusive intellectual-property rights must be established through a separate legally sufficient written agreement.7.6 Limited Business-Purpose License
By submitting User-Submitted Materials through a process governed by these Terms, you grant Provocative Media a nonexclusive, worldwide, royalty-free, limited license to:(a) receive;(b) access;(c) host;(d) store;(e) reproduce as technically or operationally necessary;(f) internally display;(g) organize;(h) classify;(i) format;(j) convert into a reasonably usable technical format;(k) transmit;(l) review;(m) analyze; and(n) otherwise processthe User-Submitted Materials only as reasonably necessary for the purposes described in these Terms, the Privacy Policy, and any applicable agreement.Those purposes may include:(a) receiving and evaluating an inquiry;(b) communicating with you or your authorized representative;(c) evaluating a potential Creator, Brand, vendor, Campaign, referral, or other business opportunity;(d) verifying submitted information;(e) conducting reasonable business, legal, compliance, conflict, fraud, security, and reputational review;(f) evaluating potential Brand and Creator alignment;(g) preparing or discussing proposals, Campaign structures, and agreements;(h) making authorized disclosures to relevant counterparties;(i) administering an active Campaign or business relationship;(j) maintaining legitimate business records;(k) preventing fraud, abuse, impersonation, circumvention, or security incidents;(l) complying with legal obligations or legal process; and(m) establishing, exercising, preserving, or defending legal rights.7.7 Limits of the Submission License
The license granted under Section 7.6 does not authorize Provocative Media to:(a) claim ownership of User-Submitted Materials;(b) sell the materials as a standalone product;(c) publicly distribute the materials for an unrelated purpose;(d) use the materials in unrelated advertising;(e) commercially license the materials to an unrelated third party;(f) use Creator Content for a Brand Campaign without the required authorization;(g) use an individual’s identity as an endorsement without permission;(h) train an artificial-intelligence model on the materials except as separately authorized;(i) create a digital replica or synthetic version of an individual except as separately authorized; or(j) expand Campaign rights established under another agreement.The license applies only to the rights reasonably necessary for the applicable business, operational, technical, security, legal, or recordkeeping purpose.7.8 Technical Modifications
The limited license permits Provocative Media and its authorized providers to make technical or administrative modifications reasonably necessary to:(a) upload or download a file;(b) transmit a file;(c) convert a file format;(d) compress or resize a file;(e) generate a thumbnail or preview;(f) organize or label materials;(g) scan for malware or security threats;(h) redact unnecessary sensitive information;(i) preserve a record;(j) prepare materials for internal review; or(k) make materials accessible to an authorized recipient.A technical modification does not grant Provocative Media the right to materially alter the substance of a work for public or commercial use.7.9 Authorized Recipients and Limited Sublicensing
Provocative Media may permit use of User-Submitted Materials by recipients reasonably necessary for an authorized purpose, including:(a) service providers acting on Provocative Media’s behalf;(b) professional advisers;(c) potential or participating Brands;(d) potential or participating Creators;(e) authorized agencies or representatives;(f) vendors and contractors relevant to the inquiry or Campaign;(g) transaction participants as described in the Privacy Policy;(h) insurers and claims professionals;(i) governmental or legal recipients where disclosure is permitted or required; and(j) other recipients authorized by these Terms, the Privacy Policy, or a separate agreement.Any sublicense or permitted use is limited to the purpose for which the recipient receives the material.Nothing in this Section authorizes a recipient to:(a) acquire ownership merely by receiving the materials;(b) resell the materials;(c) use the materials for unrelated advertising;(d) use Creator Content beyond an applicable license;(e) contact a Brand or Creator in violation of an applicable restriction;(f) disregard confidentiality obligations;(g) disregard privacy obligations; or(h) use the materials for another unauthorized purpose.7.10 Duration of the License
The license granted under Section 7.6 continues for as long as reasonably necessary to:(a) evaluate or respond to the inquiry;(b) administer a potential, current, or former business relationship;(c) evaluate a reasonably related future opportunity;(d) perform or enforce an agreement;(e) complete a Campaign;(f) maintain legally permitted business records;(g) comply with legal, tax, accounting, insurance, or regulatory requirements;(h) prevent fraud, abuse, or security incidents;(i) resolve disputes; or(j) establish, exercise, preserve, or defend legal claims.The license does not continue indefinitely solely because the materials might possibly become useful in the future.Retention of personal information remains governed by the Privacy Policy.7.11 Withdrawal of an Inquiry
You may request that Provocative Media discontinue prospective consideration of an inquiry.Withdrawal does not:(a) invalidate uses or disclosures lawfully completed before withdrawal;(b) revoke permissions already reasonably relied upon;(c) require recall of materials already lawfully disclosed;(d) terminate a binding agreement;(e) revoke a separate Campaign license or release;(f) eliminate legally permitted retention;(g) require destruction of records subject to a legal hold; or(h) prevent retention reasonably necessary for security, fraud prevention, disputes, or legal claims.Where an authorization is independently revocable under applicable law or a separate agreement, the withdrawal will be handled according to that law or agreement.7.12 Public Display and Promotional Use
The limited license in Section 7.6 does not, by itself, authorize Provocative Media to publicly display User-Submitted Materials as:(a) a testimonial;(b) a case study;(c) a portfolio example;(d) a Website feature;(e) an advertisement;(f) a social-media post;(g) a press release;(h) promotional Campaign Content;(i) an endorsement; or(j) another public marketing use.Public or promotional use must be supported by:(a) a separate written agreement;(b) an applicable Campaign document;(c) a release;(d) a license;(e) express written approval;(f) a Platform authorization; or(g) another legally sufficient form of permission.An authorization may define:(a) the materials covered;(b) the permitted use;(c) the media and Platforms;(d) the duration;(e) the territory;(f) editing rights;(g) attribution;(h) compensation, if any;(i) revocation or expiration; and(j) other applicable conditions.7.13 Names, Images, Voices, and Likenesses
You must not submit another person’s nonpublic:(a) name;(b) image;(c) likeness;(d) voice;(e) signature;(f) biography;(g) testimonial;(h) personal story; or(i) other identity-related materialunless you possess the authority reasonably necessary to provide it for the intended purpose.Submitting identity-related material for evaluation does not grant Provocative Media an unrestricted:(a) publicity right;(b) advertising right;(c) endorsement right;(d) synthetic-media right;(e) digital-replica right; or(f) commercial identity license.Commercial or promotional use of a person’s identity must be supported by the applicable:(a) Creator Sponsorship Representation Agreement;(b) Creator Campaign Addendum;(c) Creator Campaign Amendment;(d) Brand Statement of Work;(e) release;(f) license;(g) Platform authorization; or(h) other legally sufficient permission.7.14 Testimonials, Reviews, and Endorsements
Provocative Media will not treat a private inquiry, routine business communication, expression of appreciation, or positive comment as automatic permission to publish a testimonial or endorsement.Before publicly using an identifiable statement as a testimonial or endorsement, Provocative Media may obtain authorization addressing:(a) the statement approved for use;(b) the person’s identity or attribution;(c) any image, likeness, or professional title used;(d) the applicable media and Platforms;(e) the duration of use;(f) editing or formatting;(g) material connections;(h) compensation or incentives, if any; and(i) other applicable conditions.A testimonial or endorsement used by Provocative Media must not knowingly:(a) misrepresent the speaker’s actual experience;(b) attribute the statement to a person who did not provide it;(c) materially distort the statement;(d) conceal a material relationship where disclosure is required;(e) create a false impression of independence;(f) make a claim that Provocative Media could not lawfully make directly; or(g) otherwise be used in a materially misleading manner.Nothing in these Terms prohibits an honest, lawful, and nonconfidential review, opinion, criticism, or complaint concerning a genuine experience.7.15 Brand Materials
If User-Submitted Materials include Brand names, logos, product images, packaging, advertising claims, style guides, trademarks, or other Brand Materials, you represent that:(a) you possess the authority reasonably necessary to submit them;(b) Provocative Media may review them for the applicable business purpose;(c) Provocative Media may provide relevant portions to authorized Campaign participants where reasonably necessary;(d) you have disclosed material restrictions known to you; and(e) the contemplated review does not knowingly violate another person’s rights.Submission does not grant Provocative Media, a Creator, or another person Brand usage rights broader than those established under the applicable agreement or authorization.7.16 Creator Content and Media Materials
If User-Submitted Materials include Creator Content, recordings, photographs, videos, podcasts, newsletters, posts, scripts, artwork, or other media, you represent that:(a) you own the materials or possess authority sufficient for the intended submission and review;(b) the intended submission does not knowingly violate an applicable agreement;(c) you have obtained permissions reasonably necessary from co-hosts, guests, photographers, performers, producers, or other contributors;(d) third-party music, footage, artwork, or other material has been lawfully included to the extent required for the intended purpose; and(e) material restrictions have been disclosed.Submission for evaluation does not grant a Brand or other recipient the right to:(a) publish the Creator Content;(b) edit it;(c) use it in advertising;(d) use it for whitelisting;(e) sublicense it;(f) create derivative works;(g) use it for artificial-intelligence training;(h) create synthetic media from it; or(i) otherwise exploit it commercially.Those rights must be established through an applicable agreement or authorization.
7.17 Public Profiles and External Links
You may submit a link to a lawfully accessible public profile, Website, channel, podcast, newsletter, social-media account, publication, or other public source reasonably relevant to an inquiry.Submitting a public link permits Provocative Media to review information ordinarily accessible through that link for legitimate purposes related to the inquiry.Submitting a public link does not represent that:(a) you own the linked profile;(b) you own the linked content;(c) you control the applicable Platform;(d) you grant ownership of linked materials;(e) the linked information is accurate; or(f) the link grants commercial usage rights.You must not submit a link for the purpose of causing Provocative Media to:(a) bypass a password;(b) bypass a privacy setting;(c) circumvent a security control;(d) access a private account without authorization;(e) violate a confidentiality obligation;(f) violate an enforceable Platform restriction; or(g) obtain information through another unlawful method.7.18 Nonpublic Analytics and Restricted Access
If nonpublic analytics or Platform information is reasonably necessary, it should ordinarily be provided through:(a) screenshots;(b) exported reports;(c) Platform-generated reports;(d) read-only access;(e) Platform-native permissions;(f) role-based access;(g) limited-duration links;(h) secure file transfer; or(i) another approved method.You must not provide through a general Website form or ordinary email:(a) account passwords;(b) multifactor-authentication codes;(c) recovery codes;(d) session cookies;(e) authentication tokens;(f) unrestricted login credentials; or(g) other credentials providing unrestricted access.Provocative Media may decline access where the proposed method creates an unreasonable privacy, security, legal, or Platform-compliance risk.7.19 Representations Concerning Submitted Rights
For materials other than ordinary public links, you represent that:(a) you own the materials or possess rights reasonably sufficient to submit them;(b) you possess authority to grant the limited permissions stated in these Terms;(c) the intended submission and review do not knowingly infringe another person’s copyright, trademark, publicity, privacy, confidentiality, contractual, or proprietary rights;(d) the submission does not knowingly violate an applicable court order or binding legal restriction;(e) any legally required consent, approval, release, or authorization has been obtained;(f) material use restrictions known to you have been disclosed; and(g) the materials may lawfully be reviewed for the purposes associated with the inquiry.This representation does not require you to own every unprotected fact, public link, public reference, or third-party item merely identified in an inquiry.7.20 Accuracy of Metrics and Commercial Information
Audience, engagement, download, subscriber, revenue, traffic, demographic, conversion, or other performance information must be accurate to the best of your knowledge.You must not knowingly:(a) fabricate metrics;(b) alter screenshots to create a materially false impression;(c) conceal a material limitation that makes the information misleading;(d) present an estimate as verified information;(e) misrepresent the measurement period;(f) mischaracterize paid or artificial activity as organic;(g) omit a known material Platform correction;(h) present fraudulent audience activity as authentic; or(i) submit information obtained without authorization.Reasonable estimates must be identified as estimates where the distinction would be material.Provocative Media may request reasonable verification.7.21 Artificial Intelligence and Synthetic Materials
You must disclose where User-Submitted Materials materially rely on synthetic, AI-generated, AI-altered, or digitally manipulated content when failure to disclose that fact would make the submission misleading.You must not submit:(a) a synthetic voice falsely presented as authentic;(b) a deceptive digital replica;(c) a fabricated endorsement;(d) a fabricated person;(e) an AI-generated testimonial falsely presented as genuine;(f) manipulated analytics;(g) an altered business record presented as authentic;(h) synthetic media that unlawfully uses another person’s identity; or(i) another materially deceptive artificial or altered item.The submission license does not authorize Provocative Media to use User-Submitted Materials to:(a) train or fine-tune a general-purpose artificial-intelligence model;(b) create a commercial training dataset;(c) create a digital replica of an individual;(d) synthesize a person’s voice or likeness;(e) conduct biometric identification or verification unrelated to an authorized purpose; or(f) create synthetic Campaign Contentunless the use is separately authorized under an applicable agreement, consent, release, or law.Ordinary security scanning, file classification, spam detection, transcription, formatting, or administrative automation is not treated as model training merely because automated technology is used.7.22 Prohibited User-Submitted Materials
You must not knowingly submit User-Submitted Materials that:(a) are unlawful to submit or possess;(b) contain malicious code;(c) infringe another person’s intellectual-property rights;(d) violate privacy, publicity, or confidentiality rights;(e) contain credible unlawful threats;(f) unlawfully harass, stalk, or intimidate another person;(g) sexually exploit or endanger a Child;(h) constitute child sexual abuse material;(i) constitute unlawful intimate imagery;(j) solicit or facilitate criminal conduct;(k) contain stolen credentials;(l) contain unlawfully obtained nonpublic information;(m) impersonate another person or organization;(n) contain a knowingly false factual statement that is independently unlawful;(o) unlawfully discriminate, solicit unlawful discrimination, or unlawfully target a protected person or group;(p) contain spam or unrelated commercial solicitation; or(q) otherwise violate these Terms.This Section does not prohibit the good-faith submission of relevant evidence for a lawful complaint, security report, legal proceeding, or protected disclosure.7.23 Sensitive Personal Information
Unless Provocative Media specifically requests information through an appropriate process, User-Submitted Materials must not contain:(a) Social Security numbers;(b) taxpayer identification numbers;(c) passport or driver’s-license information;(d) copies of government identification documents;(e) passwords;(f) authentication or recovery codes;(g) complete payment-card information;(h) online-banking credentials;(i) complete bank-account information;(j) medical or health records;(k) biometric identifiers;(l) precise private geolocation information;(m) criminal-history reports;(n) private information concerning a Child;(o) private communications unrelated to the inquiry; or(p) other unnecessary highly sensitive information.Provocative Media may:(a) delete;(b) redact;(c) isolate;(d) restrict;(e) return;(f) securely dispose of; or(g) decline to processsensitive information submitted without authorization or necessity.7.24 Materials Involving Children and Minor Creators
A Child under thirteen must not independently submit User-Submitted Materials through the Website.A Parent or legal guardian may initiate an appropriate inquiry concerning a Child where:(a) the Parent or guardian clearly acts on the Child’s behalf;(b) the Child’s age is accurately identified;(c) only reasonably necessary information is provided;(d) the Parent or guardian possesses appropriate authority; and(e) the submission complies with the Privacy Policy and applicable law.Materials concerning a Minor Creator must comply with the minor-participation provisions of these Terms.Provocative Media may require:(a) age confirmation;(b) confirmation of parental or guardianship authority;(c) consent or authorization;(d) releases;(e) permits;(f) trust-account documentation;(g) court approval where applicable; or(h) other legally required protections.Submission does not establish that a Minor has legal capacity to contract or participate in a Campaign.7.25 Confidential and Proprietary Information
Submitting materials through a general Website form does not, by itself, create:(a) a nondisclosure agreement;(b) a fiduciary duty;(c) a professional privilege;(d) a confidential relationship; or(e) a duty to accept a confidentiality designation unilaterally imposed by the sender.You should not submit an unsolicited:(a) trade secret;(b) confidential business strategy;(c) proprietary pricing method;(d) unreleased product;(e) privileged communication;(f) confidential Campaign plan; or(g) other highly confidential informationunless disclosure is reasonably necessary, authorized, and subject to appropriate protection.Labeling a document “confidential” does not, by itself, require Provocative Media to accept the stated restriction.Where Provocative Media specifically requests nonpublic information for an identified purpose, it may handle the information according to:(a) the context and purpose of the request;(b) the nature of the information;(c) the Privacy Policy;(d) an applicable confidentiality agreement;(e) an applicable commercial agreement;(f) applicable law; and(g) reasonable business practices.7.26 No Attorney-Client or Professional Privilege
Submitting a contract, legal concern, financial document, or other material to Provocative Media does not create:(a) an attorney-client relationship;(b) an accountant-client relationship;(c) a tax-adviser relationship;(d) a financial-adviser relationship;(e) an insurance-adviser relationship;(f) a fiduciary relationship; or(g) another privileged professional relationship.You should not submit privileged attorney communications or attorney work product unless the disclosure has been approved by the applicable attorney and is reasonably necessary for an authorized purpose.Provocative Media’s review or discussion of Campaign contracts and commercial terms does not constitute legal advice.7.27 Campaign Materials
User-Submitted Materials associated with an actual Campaign may be subject to additional provisions governing:(a) ownership;(b) confidentiality;(c) Deliverables;(d) revisions;(e) approvals;(f) publication;(g) usage rights;(h) paid advertising;(i) whitelisting;(j) exclusivity;(k) editing;(l) sublicensing;(m) artificial-intelligence use;(n) synthetic-media use;(o) retention;(p) compensation; and(q) termination.Those matters will be governed by the applicable:(a) Brand Services Agreement;(b) Brand Statement of Work;(c) Brand Change Order;(d) Creator Sponsorship Representation Agreement;(e) Creator Campaign Addendum;(f) Creator Campaign Amendment;(g) license;(h) release;(i) Platform authorization; or(j) other binding Campaign document.If a binding Campaign document conflicts with this Article, the Campaign document will control the materials and relationship it expressly governs.7.28 Feedback and Suggestions
General Feedback concerning the Website, Services, administrative processes, or potential improvements is governed by Section 4.23.The Feedback license does not apply to:(a) Creator Content;(b) Brand Materials;(c) personal information;(d) confidential material governed by a written agreement;(e) a formal Campaign proposal;(f) a creative concept offered for negotiated compensation;(g) a business opportunity offered for negotiated participation; or(h) material that the parties agree in writing will receive different treatment.7.29 No Unilateral Terms in Submitted Materials
Terms, restrictions, notices, licenses, or disclaimers included in or accompanying User-Submitted Materials do not bind Provocative Media merely because Provocative Media:(a) receives the materials;(b) opens an attachment;(c) reviews a proposal;(d) accesses a portal;(e) receives an email containing footer language;(f) receives a document labeled confidential;(g) receives a rate card;(h) receives a purchase order; or(i) continues preliminary discussions.A submitted term becomes binding only where it is expressly accepted through a legally sufficient process by an authorized representative of Provocative Media.7.30 No Obligation to Use, Publish, or Respond
Provocative Media is not required to:(a) open User-Submitted Materials;(b) review them;(c) publish them;(d) display them;(e) use them in a Campaign;(f) provide feedback;(g) correct them;(h) preserve them indefinitely;(i) respond to the submission;(j) enter into negotiations; or(k) provide a commercial opportunity.Provocative Media’s failure to respond does not constitute:(a) acceptance;(b) approval;(c) representation;(d) confidentiality;(e) endorsement;(f) an agreement to proceed; or(g) agreement to terms contained in the submission.7.31 No Compensation for Submission
Submitting User-Submitted Materials does not entitle you to:(a) compensation;(b) reimbursement;(c) a license fee;(d) a commission;(e) a referral fee;(f) royalties;(g) attribution;(h) representation;(i) Campaign participation;(j) exclusivity; or(k) another commercial benefit.Any payment, ownership interest, commission, referral right, royalty, or other commercial entitlement must be established through a separate binding agreement.7.32 Screening and Automated Review
Provocative Media may, but is not required to, use reasonable manual or automated methods to:(a) screen submissions;(b) detect spam;(c) identify malicious files or links;(d) detect fraud or impersonation;(e) identify duplicate submissions;(f) classify or route inquiries;(g) detect unnecessary sensitive information;(h) identify security concerns; and(i) organize or prioritize materials.Automated screening does not mean that Provocative Media has:(a) verified the submission;(b) approved the submission;(c) endorsed the submitter;(d) confirmed ownership;(e) confirmed legal compliance; or(f) independently reviewed every item.Automated systems may incorrectly classify a legitimate submission.
7.33 Rejection, Restriction, and Removal
Provocative Media may reject, quarantine, redact, isolate, restrict, delete, or decline to review User-Submitted Materials that:(a) violate these Terms;(b) appear fraudulent or misleading;(c) contain malware or unsafe links;(d) appear to infringe another person’s rights;(e) contain unnecessary sensitive information;(f) are materially irrelevant to the Website’s purpose;(g) create a legal, security, privacy, operational, or reputational risk;(h) are submitted without sufficient authority;(i) are duplicative or abusive; or(j) are otherwise inappropriate for the applicable inquiry.Provocative Media is not required to provide advance notice or an explanation before taking such action unless required by applicable law or a binding agreement.7.34 Preservation and Protective Disclosure
Provocative Media may preserve or disclose User-Submitted Materials where reasonably necessary and legally permitted to:(a) investigate fraud, abuse, impersonation, or unlawful conduct;(b) respond to a security incident;(c) protect Provocative Media or another person;(d) comply with legal process;(e) enforce these Terms or another agreement;(f) resolve a dispute;(g) establish, exercise, preserve, or defend legal claims;(h) satisfy a legal hold or preservation duty; or(i) report material to an appropriate Platform, provider, insurer, regulator, or authority.Removal from an ordinary business system does not require destruction of a record subject to a lawful preservation need.7.35 Withdrawal and Deletion Requests
You may request that Provocative Media discontinue consideration of an inquiry or delete eligible personal information under the Privacy Policy.A request does not necessarily require Provocative Media to:(a) reverse a prior lawful use;(b) recall information already lawfully disclosed;(c) terminate a binding agreement;(d) revoke an existing license or release governed by another agreement;(e) delete contract, payment, tax, security, or legal records;(f) delete records required for a dispute or claim;(g) immediately delete backup copies; or(h) delete information that applicable law permits or requires Provocative Media to retain.The withdrawal of consent to process personal information does not automatically terminate an independently valid intellectual-property license, Campaign authorization, or contractual obligation.7.36 No Obligation to Return or Preserve Materials
Unless a separate binding agreement requires otherwise, Provocative Media is not required to:(a) return User-Submitted Materials;(b) preserve an original;(c) maintain a permanent copy;(d) maintain the original file format;(e) provide archival storage; or(f) make submitted materials available for later retrieval.You should retain your own complete copies.Provocative Media is not responsible for loss, corruption, alteration, deletion, transmission failure, or unavailability of User-Submitted Materials except to the extent liability cannot lawfully be limited or arises under a binding agreement.7.37 Similar and Independently Developed Materials
Provocative Media may already possess, develop, evaluate, negotiate, receive, or use content, ideas, Campaign structures, strategies, formats, or materials similar to something you submit.Submission does not prevent Provocative Media from:(a) using information already in its possession;(b) independently developing similar material;(c) receiving similar material from another person;(d) pursuing a similar business opportunity;(e) working with another person on a similar concept; or(f) using lawfully available public information.This Section does not authorize Provocative Media to:(a) infringe intellectual-property rights;(b) misappropriate trade secrets;(c) breach a confidentiality agreement;(d) falsely claim authorship; or(e) use submitted materials in a manner prohibited by applicable law.7.38 Third-Party Platforms and Services
You are responsible for ensuring that your submission of materials obtained from a social-media, podcast, newsletter, streaming, publishing, analytics, or other third-party Platform complies with obligations applicable to you, including:(a) Platform Rules;(b) account permissions;(c) intellectual-property rights;(d) confidentiality obligations;(e) privacy requirements;(f) advertising requirements; and(g) applicable law.Provocative Media is not responsible for a Platform violation caused solely by your unauthorized submission.Nothing in this Section eliminates Provocative Media’s responsibility for:(a) its own Platform activity;(b) instructions it provides;(c) permissions it independently obtains;(d) processing it controls; or(e) obligations it assumes under an agreement.7.39 Intellectual-Property Complaints
A person who believes that User-Submitted Materials displayed or controlled by Provocative Media infringe an intellectual-property or publicity right may use the reporting procedure described in Article 6.Provocative Media may:(a) review the report;(b) request additional information;(c) restrict or remove the identified material;(d) contact the submitter;(e) preserve relevant records;(f) refer the matter to counsel or a provider; or(g) take another reasonable action.Provocative Media is not required to adjudicate every ownership dispute or make a final legal determination concerning the parties’ rights.7.40 No Endorsement or Verification
Receipt, storage, review, discussion, classification, or forwarding of User-Submitted Materials does not mean that Provocative Media:(a) endorses the materials;(b) verifies their accuracy;(c) approves the submitter;(d) guarantees their legality;(e) adopts the views expressed;(f) certifies the applicable Creator, Brand, vendor, or opportunity;(g) guarantees ownership; or(h) accepts responsibility for the materials.Provocative Media may rely reasonably on representations made by the submitter while retaining the right to conduct additional verification.7.41 Responsibility and Indemnification
Your responsibility for claims arising from unlawful, infringing, fraudulent, unauthorized, or materially misleading User-Submitted Materials is governed by:(a) this Article;(b) the Indemnification provisions of these Terms;(c) applicable law; and(d) any controlling separate agreement.No indemnification obligation will apply beyond its stated terms or to the extent prohibited by applicable law.Provocative Media’s rights concerning User-Submitted Materials are cumulative and do not eliminate another contractual, equitable, statutory, or legal remedy.7.42 Relationship to the Privacy Policy
Personal information contained in User-Submitted Materials will be processed according to the Privacy Policy and applicable law.If this Article conflicts with the Privacy Policy concerning:(a) collection;(b) use;(c) disclosure;(d) retention;(e) security;(f) international transfer; or(g) privacy rightsconcerning personal information, the Privacy Policy will control for that issue, subject to applicable law and a controlling written agreement.Nothing in this Article permits Provocative Media to use personal information for a materially different purpose without providing any notice, consent, or choice required by applicable law.7.43 Effect of a Separate Agreement
A separate written agreement may establish additional or different requirements concerning:(a) confidentiality;(b) ownership;(c) licensing;(d) permitted use;(e) disclosure;(f) data security;(g) retention;(h) return or destruction;(i) compensation;(j) Campaign administration;(k) publication;(l) paid advertising;(m) whitelisting;(n) exclusivity;(o) artificial-intelligence use;(p) synthetic-media use; and(q) other treatment of User-Submitted Materials.Where a binding separate agreement expressly conflicts with this Article, the separate agreement will control the materials, Campaign, and relationship it expressly governs.A separate agreement does not eliminate a nonwaivable privacy right or authorize unlawful processing.7.44 Survival
Provisions that by their nature should continue after an inquiry is withdrawn, Website access ends, or these Terms terminate will survive, including provisions concerning:(a) ownership;(b) licenses previously granted and reasonably exercised;(c) representations concerning submitted rights;(d) confidentiality limitations;(e) Feedback;(f) Campaign-specific rights;(g) record retention;(h) preservation;(i) independently developed materials;(j) legal claims;(k) indemnification; and(l) obligations arising from prohibited or unauthorized submissions.Termination of Website access does not terminate an intellectual-property license, release, confidentiality obligation, or Campaign authorization governed by a separate agreement unless that agreement provides otherwise.
8. THIRD-PARTY LINKS AND PLATFORMS
8.1 Scope and Definitions
The Website, Website Content, communications, and User-Submitted Materials may contain, display, reference, link to, embed, integrate with, or otherwise involve websites, Platforms, applications, accounts, profiles, tools, products, services, content, and systems operated by persons other than Provocative Media.These external services may include:(a) social-media Platforms;(b) video and streaming Platforms;(c) podcast and audio Platforms;(d) newsletter and publishing Platforms;(e) Creator and Brand Websites;(f) scheduling and calendar services;(g) telephone and video-conferencing services;(h) electronic-signature and document-management services;(i) payment, banking, accounting, and invoicing providers;(j) cloud-storage and file-sharing services;(k) analytics and reporting services;(l) Website-hosting and form-processing providers;(m) advertising and marketing Platforms;(n) business directories;(o) communication tools;(p) content-delivery and security providers; and(q) other external Websites, applications, Platforms, or online services.For purposes of this Article, these services are collectively referred to as “External Services.”8.2 Independent Services and Providers Acting on Provocative Media’s Behalf
An External Service may operate in different legal and operational roles.An External Service may act as:(a) an independent third party providing its own products or Services directly to you;(b) a service provider, contractor, processor, or subprocessor performing functions on Provocative Media’s behalf;(c) a Platform used by Provocative Media, a Brand, or a Creator;(d) a payment or document provider supporting an underlying transaction with Provocative Media;(e) a joint or separate participant in a Campaign or business relationship; or(f) a combination of those roles for different processing activities.The same provider may act on Provocative Media’s behalf for one purpose and independently for another purpose.The applicable role may depend on:(a) the Service involved;(b) the information processed;(c) who determines the processing purpose;(d) the governing contract;(e) whether you maintain a direct account with the provider;(f) whether the provider processes information for its own purposes; and(g) applicable law.Nothing in this Article characterizes every External Service as an independent third party for every purpose.8.3 Independent Third-Party Services
An independent Third-Party Service is generally owned and operated by a person other than Provocative Media and may determine its own:(a) products and Services;(b) content;(c) pricing;(d) account requirements;(e) terms and policies;(f) privacy practices;(g) cookie and tracking practices;(h) security measures;(i) moderation standards;(j) accessibility practices;(k) advertising practices;(l) data-processing purposes;(m) account enforcement decisions; and(n) other independent operations.Your direct use of an independent Third-Party Service may be governed by that provider’s own terms, privacy notices, policies, permissions, and procedures.Provocative Media does not control an independent provider merely because the Website:(a) contains a link to the provider;(b) displays the provider’s name or logo;(c) embeds the provider’s content;(d) permits communication through the provider;(e) uses the provider for a limited function; or(f) refers to information available through the provider.8.4 Providers Acting on Provocative Media’s Behalf
Provocative Media may engage External Services to perform functions on its behalf, including:(a) Website hosting;(b) form processing;(c) email and communications;(d) cloud storage;(e) file transfer;(f) document management;(g) electronic signatures;(h) payment and accounting administration;(i) security and fraud prevention;(j) analytics;(k) Campaign administration;(l) scheduling;(m) customer or business-relationship management; and(n) other operational functions.Where an External Service acts on Provocative Media’s behalf, Provocative Media may:(a) provide processing instructions;(b) impose contractual limitations;(c) require confidentiality;(d) require security measures;(e) limit permitted purposes;(f) restrict onward disclosure;(g) conduct reasonable due diligence;(h) monitor or review compliance where appropriate; and(i) exercise other rights under the applicable provider agreement.The provider’s use of its own terms or privacy notice does not necessarily eliminate Provocative Media’s obligations concerning processing performed on its behalf.8.5 No Endorsement Solely From a Link or Reference
The inclusion of a link, name, logo, profile, Platform, account, Creator, Brand, product, Service, or other third-party reference does not, by itself, mean that Provocative Media:(a) owns or controls the third party;(b) represents the third party;(c) has a current agreement with the third party;(d) endorses or recommends the third party;(e) guarantees the third party’s products, Services, claims, or conduct;(f) has verified all information provided by the third party;(g) receives compensation from the third party;(h) is sponsored by the third party; or(i) accepts responsibility for the third party’s independent operations.Any actual representation, sponsorship, endorsement, partnership, affiliate relationship, or commercial connection will depend on the applicable facts and agreements.8.6 Sponsored, Affiliate, and Compensated Links
Where Provocative Media receives:(a) an affiliate commission;(b) a referral payment;(c) free or discounted products or Services;(d) sponsorship compensation;(e) another financial benefit; or(f) another material benefitin connection with a link, recommendation, endorsement, review, or reference, Provocative Media will provide any disclosure required by applicable advertising law.A disclosure may identify, as applicable, that:(a) the link is an affiliate link;(b) Provocative Media may receive compensation;(c) the content is sponsored;(d) a product or Service was provided without charge or at a discount; or(e) another material connection exists.The disclosure will be placed and presented in the manner required by applicable law considering the context of the communication.The absence of a disclosure does not represent that every unmarked third-party link is compensated. Provocative Media may provide ordinary unpaid links for informational or business purposes.8.7 Links Submitted by Visitors
Visitors may submit links to:(a) Creator profiles;(b) Brand Websites;(c) media channels;(d) podcasts;(e) newsletters;(f) streaming accounts;(g) social-media pages;(h) portfolios;(i) business directories;(j) public analytics pages;(k) public content; and(l) other External Services.Submitting an ordinarily accessible public link does not represent that you:(a) own the linked Website or profile;(b) own the linked content;(c) control the applicable Platform;(d) possess authority to bind the linked person; or(e) grant intellectual-property ownership in the linked materials.By submitting a public link, you represent only that:(a) the link is reasonably relevant to a legitimate purpose;(b) you did not obtain it through unlawful access;(c) you are not submitting it for a fraudulent or malicious purpose;(d) the link is not knowingly deceptive or malicious; and(e) you are not directing Provocative Media to bypass an access restriction.8.8 Restricted, Private, and Limited-Access Links
If you submit a link or permission granting access to nonpublic or restricted information, you represent that:(a) you are authorized to provide the access;(b) the access is lawful;(c) the information is reasonably relevant to the applicable purpose;(d) the level of access does not exceed your authority;(e) required permissions have been obtained;(f) the access does not improperly bypass privacy or security controls; and(g) Provocative Media may review the information for the stated purpose.You must not submit:(a) stolen access links;(b) links generated through compromised credentials;(c) links intended to bypass payment requirements;(d) links intended to bypass privacy settings;(e) links obtained through impersonation;(f) links exposing information without the affected person’s authorization; or(g) malicious or deceptive redirects.Provocative Media may decline to open or review a restricted link.8.9 Public Profiles and Professional Content
Provocative Media may review lawfully accessible public profiles, Websites, channels, pages, posts, videos, audio recordings, newsletters, publications, audience information, and related business materials when reasonably relevant to:(a) evaluating a Creator;(b) evaluating a Brand;(c) evaluating a vendor or contractor;(d) evaluating a sponsorship or partnership;(e) evaluating a potential Campaign;(f) reviewing a referral;(g) conducting fraud or identity review;(h) reviewing legal or Platform compliance;(i) evaluating conflicts;(j) reviewing Brand-safety or reputational considerations; or(k) another legitimate business purpose.Reviewing publicly available information does not grant Provocative Media:(a) ownership of the content;(b) a commercial reproduction license;(c) paid-advertising rights;(d) whitelisting rights;(e) derivative-work rights;(f) artificial-intelligence training rights;(g) rights to a person’s name, image, likeness, or voice; or(h) another right not separately authorized.8.10 Accuracy and Reliability of External Information
Provocative Media does not guarantee that information displayed through an External Service is:(a) accurate;(b) complete;(c) current;(d) authentic;(e) independently verified;(f) lawfully posted;(g) free from manipulation;(h) free from fraudulent activity;(i) calculated consistently across providers;(j) representative of future performance; or(k) available on a continuing basis.Audience counts, views, impressions, downloads, engagements, traffic, demographics, rankings, reviews, and similar information may be:(a) delayed;(b) estimated;(c) sampled;(d) recalculated;(e) corrected;(f) manipulated;(g) removed; or(h) measured differently by different providers.Provocative Media may request supporting information or additional verification before relying on external information.8.11 Compliance With External Terms and Platform Rules
You are responsible for complying with External Service terms, account rules, content policies, advertising rules, and permissions that legally apply to your use of the applicable Service.You must not ask or direct Provocative Media to:(a) violate an applicable Platform Rule;(b) obtain unauthorized access;(c) bypass a security or privacy restriction;(d) access unlawfully obtained information;(e) use content without sufficient rights;(f) submit false Platform information;(g) evade an account restriction;(h) conceal a legally required disclosure;(i) manipulate Platform metrics;(j) misrepresent the nature of a Campaign; or(k) engage in unlawful conduct.Provocative Media may decline an instruction that reasonably appears to create a legal, contractual, security, privacy, Brand-safety, or Platform-compliance risk.An External Service’s terms do not amend an agreement between you and Provocative Media unless those terms are expressly incorporated into the applicable agreement.8.12 Account Credentials and Authentication Information
You must not submit through a public Website form or ordinary email:(a) passwords;(b) multifactor-authentication codes;(c) account-recovery codes;(d) session cookies;(e) authentication tokens;(f) unrestricted login credentials;(g) online-banking credentials;(h) payment credentials; or(i) other authentication secrets.Provocative Media will not request a general Creator or Brand account password merely because it is evaluating or administering a Campaign.If restricted information is reasonably necessary, Provocative Media may request a more limited method, such as:(a) screenshots;(b) exported reports;(c) Platform-generated reports;(d) read-only permissions;(e) role-based access;(f) Platform-native account permissions;(g) limited-duration links;(h) secure file transfer; or(i) another designated method.8.13 Campaign-Specific Platform Permissions
A Campaign may require limited Platform permissions relating to:(a) analytics;(b) branded-content tools;(c) partnership advertising;(d) paid advertising;(e) whitelisting;(f) advertiser access;(g) content approvals;(h) publishing;(i) reporting; or(j) other Campaign functions.Such permissions should ordinarily be provided through:(a) Platform-native business roles;(b) advertising-account permissions;(c) partnership-advertising codes;(d) limited Campaign access;(e) authorized third-party tools;(f) read-only permissions; or(g) another reasonably secure process.Campaign-specific permissions remain subject to:(a) the applicable Brand Services Agreement;(b) the applicable Brand Statement of Work;(c) an applicable Brand Change Order;(d) the Creator Sponsorship Representation Agreement;(e) the Creator Campaign Addendum;(f) an applicable Creator Campaign Amendment;(g) Platform Rules;(h) the authorized purpose and duration; and(i) applicable law.Providing a limited Platform permission does not transfer ownership of the account.8.14 Expiration and Revocation of Account Permissions
A person granting Platform or account access may revoke the access as permitted by:(a) the applicable Campaign agreement;(b) the applicable Platform;(c) the scope of the original authorization; and(d) applicable law.Revocation does not:(a) invalidate actions lawfully completed before revocation;(b) eliminate records required for reporting or legal compliance;(c) terminate a Campaign agreement unless that agreement provides otherwise;(d) eliminate existing payment or Deliverable obligations; or(e) require deletion of information that may lawfully be retained.Provocative Media may discontinue or revoke its own access when the applicable purpose ends or where continued access creates a security, legal, or operational risk.8.15 External Links and Leaving the Website
An ordinary external link generally directs you away from the Provocative Media Website after you select it.When you follow an external link, you should verify:(a) the destination address;(b) the identity of the provider;(c) whether the connection appears legitimate;(d) whether an account is required;(e) whether payment is required;(f) what information may be collected;(g) which terms and policies apply; and(h) whether you wish to proceed.The external destination may have different:(a) branding;(b) accessibility;(c) privacy practices;(d) security controls;(e) content;(f) terms;(g) pricing; and(h) functionalityfrom the Provocative Media Website.8.16 Embedded Content and Integrations
The Website may contain or later include embedded content or functionality provided by External Services, including:(a) videos;(b) audio players;(c) social-media posts;(d) scheduling tools;(e) maps;(f) forms;(g) payment tools;(h) document tools;(i) chat or communication tools; and(j) other integrations.Unlike an ordinary external link, an embedded feature may communicate with the applicable provider when:(a) the Website page loads;(b) the embedded feature loads;(c) the visitor interacts with the feature;(d) the visitor is logged into an account with the provider; or(e) another configured event occurs.Depending on the integration and configuration, the provider may receive:(a) Internet Protocol information;(b) device or browser information;(c) cookie or similar identifiers;(d) page and referral information;(e) account information;(f) interaction information; and(g) other technical data.The Privacy Policy describes Provocative Media’s practices concerning embeds, cookies, analytics, and similar technologies.
8.17 Consent and Controls for Embedded Services
Where applicable law requires notice, consent, an opt-out mechanism, or another control before an embedded External Service loads or collects information, Provocative Media will implement the required procedure to the extent the law applies.Such procedures may include:(a) delaying a nonessential integration until consent is provided;(b) a cookie banner;(c) a privacy-preference mechanism;(d) an opt-out method;(e) an alternative ordinary link;(f) a notice displayed near the integration; or(g) another required control.A statement in these Terms does not replace a consent or technical mechanism required by applicable law.8.18 Communications Through External Services
If you communicate with Provocative Media through an External Service, both Provocative Media and the provider may process information relating to the communication.Information may include:(a) message content;(b) sender and recipient information;(c) account identifiers;(d) usernames;(e) timestamps;(f) device and network information;(g) interaction history;(h) attachments; and(i) other technical or account information.Provocative Media’s handling of information it receives is governed by the Privacy Policy and applicable agreements.The provider’s independent processing is governed by the provider’s own terms and privacy notices.Communicating through an External Service does not:(a) create confidentiality where none otherwise exists;(b) amend a signed agreement;(c) authorize direct Brand-Creator communication contrary to an applicable agreement;(d) constitute acceptance of proposed Campaign terms; or(e) replace a required signature or approval.8.19 Electronic-Signature and Document Platforms
Provocative Media may use an electronic-signature, contract-management, or document-delivery provider.Such a provider may process information including:(a) names;(b) email addresses;(c) document content;(d) signatures and initials;(e) document-viewing activity;(f) timestamps;(g) Internet Protocol information;(h) authentication records;(i) verification information;(j) audit-trail records; and(k) related technical data.Use of an electronic-signature platform does not, by itself:(a) establish that a person intended to sign;(b) establish that the signer possessed authority;(c) make incomplete or indefinite terms enforceable;(d) create an agreement where no agreement was intended;(e) waive a defense;(f) eliminate a statutory formality; or(g) determine the legal effect of the record.The validity, attribution, and effect of an electronic signature or record depend on:(a) the applicable agreement;(b) the acceptance process;(c) the signer’s intent and authority;(d) authentication;(e) applicable law; and(f) the surrounding circumstances.8.20 Scheduling, Telephone, and Conferencing Services
Provocative Media may use external calendar, scheduling, telephone, messaging, transcription, or video-conferencing services.Those providers may process:(a) names;(b) contact information;(c) meeting details;(d) calendar availability;(e) time-zone information;(f) account identifiers;(g) device and network information;(h) meeting content;(i) recordings or transcripts where enabled; and(j) other communications information.Provocative Media will provide any notice or obtain any consent required by applicable law before intentionally recording or transcribing a communication.Participation in an unrecorded meeting does not automatically constitute consent to later recording, voice cloning, biometric analysis, artificial-intelligence training, or synthetic-media use.8.21 Payment, Banking, Accounting, and Invoicing Providers
Provocative Media may use external providers to:(a) process payments;(b) transmit invoices;(c) verify payment methods;(d) detect fraud;(e) administer refunds;(f) maintain accounting records;(g) process tax documentation; or(h) perform related financial functions.The provider may collect information such as:(a) name and contact information;(b) payment-method information;(c) billing address;(d) transaction amount;(e) transaction identifiers;(f) tax information;(g) fraud-prevention information;(h) device and network information; and(i) account information.Provocative Media may not receive:(a) complete payment-card numbers;(b) complete bank-account credentials;(c) online-banking passwords;(d) all identity-verification information; or(e) all information collected by the provider.You should submit sensitive payment information only through the designated payment process.8.22 Underlying Transactions and Payment Providers
Use of an external payment or invoicing provider does not necessarily mean that the provider is the seller, service provider, or contracting party in the underlying transaction.Where Provocative Media is the contracting party:(a) the applicable agreement governs the underlying Services;(b) Provocative Media remains responsible for obligations it expressly assumes;(c) the payment provider’s role may be limited to payment processing or administration;(d) payment to the designated provider may constitute payment to Provocative Media as stated in the applicable agreement; and(e) refunds, cancellations, disputes, and chargebacks remain subject to the governing agreement and applicable law.Where an independent third party is the contracting party, that third party’s terms govern the underlying transaction.The identity of the merchant, payee, or contracting party should be determined from:(a) the applicable agreement;(b) the invoice;(c) the payment page;(d) the transaction description; and(e) other applicable documentation.8.23 Cloud Storage, File Sharing, and Document Delivery
Provocative Media may use External Services to transmit, receive, store, organize, or share documents and files.You must not use a shared file, folder, or document link to:(a) grant access beyond the intended recipients;(b) disclose information without authorization;(c) expose credentials;(d) distribute malicious code;(e) bypass access restrictions;(f) exceed the authorized access period; or(g) access another person’s materials without authority.Provocative Media may:(a) restrict access;(b) disable a shared link;(c) require authentication;(d) change permissions;(e) remove a file;(f) preserve access records; or(g) move materials to another authorized system.8.24 Analytics, Reporting, and Measurement Providers
Provocative Media may use external analytics, audience, reporting, fraud-detection, or measurement providers.Information supplied by these providers may be based on:(a) Platform data;(b) Website data;(c) tracking technologies;(d) sampling;(e) estimates;(f) modeled information;(g) Creator-provided information;(h) Brand-provided information; or(i) other sources.Provocative Media does not guarantee that third-party analytics are:(a) independently audited;(b) error-free;(c) calculated consistently;(d) continuously available;(e) unaffected by fraud or invalid traffic;(f) identical to Platform-native analytics; or(g) predictive of Campaign results.Any specific reporting obligation will be governed by the applicable Campaign agreement.8.25 Independent Third-Party Transactions
A purchase, subscription, booking, registration, or other transaction entered directly between you and an independent Third-Party Service may be subject to the provider’s:(a) prices;(b) payment terms;(c) refund policies;(d) cancellation policies;(e) fees;(f) verification procedures;(g) taxes;(h) delivery obligations;(i) warranties;(j) dispute procedures; and(k) other contractual requirements.Where Provocative Media is not a party to the transaction and has not expressly assumed responsibility, Provocative Media does not undertake the third party’s contractual obligations.This Section does not apply to the extent Provocative Media:(a) is the contracting party;(b) is the merchant or seller;(c) expressly guarantees an obligation;(d) controls the applicable transaction;(e) independently makes a misleading representation; or(f) otherwise bears responsibility under an agreement or applicable law.8.26 Platform Availability and Changes
Provocative Media does not guarantee that an independent Platform or External Service will:(a) remain available;(b) preserve content or data;(c) maintain current features;(d) support an integration;(e) provide accurate analytics;(f) permit a particular Campaign;(g) maintain an account in good standing;(h) continue monetization;(i) maintain existing pricing;(j) maintain an application-programming interface;(k) maintain existing advertising tools; or(l) operate without interruption, error, or security incident.An External Service may modify, restrict, suspend, replace, or discontinue a Service or feature.Provocative Media may modify a Campaign process, integration, or Website feature where reasonably necessary to respond to an External Service change, subject to any binding agreement.8.27 Platform Enforcement Decisions
An independent Platform may:(a) remove or restrict content;(b) suspend or terminate an account;(c) reduce distribution;(d) disable monetization;(e) reject advertising;(f) restrict branded-content tools;(g) change analytics;(h) limit access to features;(i) require disclosures;(j) change verification status; or(k) take other action under its own rules and systems.Provocative Media does not control an independent Platform’s enforcement decisions and does not guarantee that it can:(a) prevent the decision;(b) reverse the decision;(c) restore an account;(d) restore content;(e) recover lost metrics;(f) restore monetization; or(g) obtain a successful appeal.This Section does not eliminate any Campaign-support or coordination obligation expressly assumed by Provocative Media.8.28 No Guarantee of Platform Performance
Provocative Media does not guarantee results controlled by an independent Platform or its users, including:(a) views;(b) impressions;(c) engagements;(d) downloads;(e) clicks;(f) conversions;(g) sales;(h) audience growth;(i) discoverability;(j) algorithmic distribution;(k) account verification;(l) content preservation;(m) monetization; or(n) another Platform-controlled result.Any expressly guaranteed Deliverable or measurable obligation must be stated in a binding written agreement.8.29 Third-Party Advertising and Recommendations
An External Service may independently display:(a) advertising;(b) sponsored content;(c) search results;(d) suggested accounts;(e) recommendations;(f) promoted content;(g) related videos or posts; or(h) other materialnear, before, after, or in connection with Provocative Media content.Provocative Media does not endorse that material merely because the External Service places it near Provocative Media content.This limitation does not apply to:(a) advertising selected or placed by Provocative Media;(b) sponsored content created or controlled by Provocative Media;(c) an affiliate recommendation made by Provocative Media;(d) an endorsement made by Provocative Media; or(e) another communication for which Provocative Media bears responsibility under applicable law.8.30 Security and Privacy of Independent Services
Provocative Media cannot guarantee the confidentiality, integrity, availability, or security of information controlled exclusively by an independent External Service.You should consider:(a) the sensitivity of the information;(b) the identity of the provider;(c) available authentication controls;(d) account permissions;(e) privacy settings;(f) security settings;(g) data-retention practices;(h) the intended recipients; and(i) the risks associated with the particular Servicebefore providing sensitive information directly to an independent provider.No Website, Platform, transmission method, or storage system can be represented as completely immune from every possible security incident.8.31 Provocative Media’s Responsibilities Concerning Providers
Nothing in this Article eliminates or limits responsibility that Provocative Media may have for:(a) its own collection, use, or disclosure of information;(b) its own privacy or security representations;(c) selecting and managing providers acting on its behalf;(d) instructions it gives to a provider;(e) permissions or integrations it configures;(f) a provider’s conduct legally attributable to Provocative Media;(g) an obligation expressly assumed in an agreement;(h) a security duty imposed by applicable law;(i) a required privacy or incident notice; or(j) liability that applicable law does not permit Provocative Media to exclude.The allocation of responsibility may depend on:(a) the provider’s role;(b) the processing involved;(c) the applicable contracts;(d) who controlled the relevant decision;(e) the information involved; and(f) applicable law.8.32 Malicious, Incorrect, and Changed Links
An external link may become:(a) outdated;(b) unavailable;(c) redirected;(d) compromised;(e) reassigned to a new owner;(f) inaccurate;(g) associated with different content; or(h) malicious after it was originally reviewed.Provocative Media does not guarantee that every external link will remain:(a) accurate;(b) safe;(c) available;(d) relevant;(e) controlled by the same person; or(f) consistent with the content originally linked.You should review the destination before entering credentials, making a payment, downloading a file, or providing sensitive information.
8.33 Reporting an External Link or Platform Concern
A person may report an external link, profile, account, or integration that appears:(a) incorrect;(b) compromised;(c) malicious;(d) deceptive;(e) unauthorized;(f) infringing;(g) impersonating;(h) associated with unlawful content; or(i) materially different from the originally intended destination.The report may be submitted through the general Website contact method or, where privacy or security is involved, to:[email protected]The subject line may state:Third-Party Link ConcernThe report should identify:(a) the applicable Website page;(b) the external link or destination;(c) the nature of the concern;(d) the approximate date observed;(e) supporting screenshots or information; and(f) the reporter’s contact information where a response is requested.The report should not contain passwords, authentication codes, or unnecessary sensitive information.8.34 Review and Removal of External Links
After receiving a report or otherwise identifying a concern, Provocative Media may:(a) review the link;(b) disable the link;(c) remove the link;(d) replace or correct the link;(e) contact the linked person or provider;(f) notify a hosting provider or Platform;(g) preserve relevant information;(h) decline to act where the issue cannot reasonably be verified; or(i) take another appropriate action.Provocative Media is not required to:(a) remove content controlled solely by an independent provider;(b) restore an external account;(c) resolve a dispute between third parties;(d) determine final ownership rights;(e) monitor the link permanently; or(f) provide confidential internal investigation information.8.35 No General Duty to Monitor Independent Services
Except where required by applicable law, a binding agreement, or a specific duty undertaken by Provocative Media, Provocative Media is not required to:(a) monitor every linked Website or profile;(b) continuously verify third-party content;(c) review every change to a provider’s terms;(d) investigate every complaint concerning an independent provider;(e) maintain every external link;(f) confirm every account’s authenticity;(g) monitor every Platform enforcement action; or(h) notify Website users of every third-party change.A prior review, verification, or removal action does not create a continuing duty to monitor every External Service.This Section does not eliminate a duty that arises after legally sufficient notice of a specific issue where applicable law requires action.8.36 Disputes With External Parties
A dispute between you and an independent:(a) Platform;(b) Brand;(c) Creator;(d) vendor;(e) contractor;(f) payment provider;(g) event organizer; or(h) other external personordinarily must be resolved between the parties to that dispute.Unless Provocative Media expressly agrees otherwise or bears independent responsibility, Provocative Media is not required to:(a) mediate the dispute;(b) provide legal advice;(c) compel a third party to act;(d) restore an external account or content;(e) issue a refund owed solely by another person;(f) correct records controlled exclusively by another person; or(g) perform another person’s contractual obligation.Provocative Media may voluntarily assist with a dispute without assuming responsibility for resolving it.8.37 No Broad Assumption of All External Risks
By voluntarily accessing an independent External Service, you acknowledge that it may have:(a) separate terms;(b) different privacy practices;(c) different security practices;(d) fees;(e) account requirements;(f) content restrictions;(g) operational limitations; and(h) decisions outside Provocative Media’s control.You remain responsible for deciding whether to access the independent Service and what information to provide directly to it.This acknowledgment does not:(a) transfer to you responsibility for Provocative Media’s own conduct;(b) waive a nonwaivable right;(c) waive a claim arising from a false or deceptive statement;(d) waive a contractual obligation;(e) waive responsibility legally attributable to Provocative Media; or(f) constitute assumption of every conceivable risk.8.38 Linking to Provocative Media
Linking to the Provocative Media Website is governed by Articles 2 and 6.A person must not use a link, logo, screenshot, frame, embed, or reference to falsely suggest that Provocative Media:(a) sponsors that person;(b) represents that person;(c) endorses that person’s products or Services;(d) has entered into a partnership with that person;(e) approved the applicable content; or(f) authorized that person to act for Provocative Media.Ordinary truthful linking, identification, commentary, criticism, news reporting, and other legally protected references are not prohibited.8.39 External-Service Terms and Provocative Media Agreements
Terms imposed by an External Service do not amend, supersede, or replace an agreement with Provocative Media unless:(a) the Provocative Media agreement expressly incorporates those terms;(b) an authorized representative expressly accepts the amendment; or(c) applicable law gives the external terms that effect.A provider’s operational requirements may nevertheless affect:(a) technical access;(b) available features;(c) Platform permissions;(d) file or payment processing;(e) account eligibility;(f) Campaign execution; or(g) another aspect of the applicable Service.Where an External Service requirement conflicts with a Campaign agreement, the parties will address the conflict under the applicable agreement.8.40 No Third-Party Beneficiaries
Except where these Terms or a separate agreement expressly state otherwise, an External Service, Brand, Creator, vendor, contractor, or other external person is not an intended third-party beneficiary of these Terms merely because that person is:(a) mentioned;(b) referenced;(c) linked;(d) displayed;(e) involved in a submission; or(f) involved in a potential transaction.Nothing in this Article creates an agency, partnership, joint venture, fiduciary, employment, franchise, or representative relationship between Provocative Media and an External Service.An actual relationship will be determined by the applicable agreements and circumstances.8.41 Current Use of External Services
The identification of a category or example of External Service in these Terms does not represent that Provocative Media:(a) currently uses that Service;(b) has activated every listed integration;(c) has an account with every listed provider;(d) currently processes every listed category of information;(e) will continue using a particular provider; or(f) endorses a named or described provider.These Terms are intended to address categories of External Services that may be used as Provocative Media’s operations develop.The Privacy Policy and any applicable notices should accurately describe material processing practices currently in effect.8.42 Changes to External Services and Integrations
Provocative Media may add, replace, reconfigure, suspend, or remove an External Service or integration.Before implementing a material change, Provocative Media may evaluate:(a) the provider’s role;(b) the information involved;(c) security;(d) privacy;(e) contract terms;(f) international processing;(g) cookie or tracking effects;(h) consent requirements;(i) operational compatibility;(j) Campaign effects; and(k) other relevant considerations.Where required, Provocative Media will update:(a) the Privacy Policy;(b) a notice at collection;(c) a cookie or consent mechanism;(d) a Campaign agreement;(e) a provider agreement;(f) a Website disclosure; or(g) another applicable notice or procedure.8.43 Relationship to Intellectual-Property Rights
External links, embeds, Platform permissions, and third-party integrations do not grant Website visitors any ownership or license in:(a) Third-Party Content;(b) Brand Materials;(c) Creator Content;(d) External Service software;(e) Platform trademarks;(f) Campaign Content;(g) account data; or(h) other protected materials.Intellectual-property rights are governed by Article 6, Article 7, applicable licenses, Platform Rules, Campaign agreements, and applicable law.8.44 Relationship to the Privacy Policy
Provocative Media’s collection, use, disclosure, retention, security, and other processing of personal information received through an External Service are governed by the Privacy Policy.An independent provider’s processing for its own purposes is governed by that provider’s own privacy notice and applicable law.A provider acting on Provocative Media’s behalf may also be governed by:(a) Provocative Media’s instructions;(b) provider contracts;(c) data-processing terms;(d) confidentiality obligations; and(e) applicable privacy law.If this Article conflicts with the Privacy Policy concerning Provocative Media’s processing of personal information, the Privacy Policy will control for that issue.
8.45 Effect of Separate Agreements
A signed Campaign, Brand, Creator, vendor, referral, provider, or partnership agreement may allocate responsibility for a particular:(a) Platform;(b) integration;(c) account;(d) permission;(e) payment provider;(f) document provider;(g) Campaign tool;(h) security obligation;(i) privacy obligation;(j) outage;(k) loss of access; or(l) external transactiondifferently from this Article.Where a binding separate agreement expressly conflicts with this Article, the separate agreement will control the relationship and subject matter it expressly governs.8.46 No Exclusion of Nonwaivable Responsibility
Nothing in this Article excludes or limits:(a) Provocative Media’s own fraud or intentional deception;(b) breach of an express binding obligation;(c) responsibility for a representation made by Provocative Media;(d) responsibility legally attributable to Provocative Media;(e) a required privacy or security obligation;(f) liability that applicable law does not permit to be excluded;(g) a nonwaivable statutory right; or(h) another obligation expressly preserved elsewhere in these Terms.The Disclaimer, Limitation of Liability, and Indemnification Articles govern any permissible limitation or allocation of liability.8.47 Survival
Provisions that by their nature should continue after Website access or these Terms end will survive, including provisions concerning:(a) independent External Services;(b) ownership and intellectual-property rights;(c) payment and completed transactions;(d) account permissions previously exercised;(e) records and audit trails;(f) external disputes;(g) separate agreements;(h) responsibility for prior conduct;(i) privacy and security obligations; and(j) limitations that lawfully apply to completed activity.
9. WEBSITE AVAILABILITY, CHANGES, AND SUSPENSION
9.1 Website Availability
Provocative Media may make the Website available for informational, communication, qualification, and business-inquiry purposes.Subject to applicable law and any binding written agreement, Provocative Media does not guarantee that the Website or any particular page, form, feature, link, file, integration, or function will be:(a) available continuously;(b) uninterrupted;(c) error-free;(d) free from delay, omission, defect, or technical failure;(e) compatible with every browser, device, operating system, network, or software configuration;(f) compatible with every third-party integration;(g) secure against every possible unauthorized act;(h) maintained permanently in its current form;(i) available from every geographic location; or(j) capable of processing every submission or file type.Temporary or permanent interruptions may occur.Nothing in this Article eliminates any accessibility, privacy, security, communication, or other obligation imposed by applicable law.9.2 No Emergency or Real-Time Service
The Website is not:(a) an emergency-response service;(b) a real-time support service;(c) a guaranteed communications channel;(d) a guaranteed document-delivery service;(e) a substitute for emergency services; or(f) a method for reporting an immediate threat to life, physical safety, or property.A person facing an immediate emergency should contact the appropriate emergency service or law-enforcement authority.Provocative Media does not guarantee that:(a) an ordinary business inquiry will be delivered immediately;(b) a submission will be reviewed within a particular period;(c) an email notification will be received;(d) a technical issue will be corrected immediately;(e) a particular employee or representative will be available; or(f) an ordinary business inquiry will receive a response.This Section does not extend or eliminate a response period required by applicable privacy, consumer-protection, accessibility, or other law.9.3 Formal Notices and Time-Sensitive Communications
The Website should not be used for:(a) formal service of process;(b) contractual notice;(c) notice of breach;(d) termination or renewal notice;(e) an indemnification demand;(f) an insurance notice;(g) a litigation demand;(h) a time-sensitive approval; or(i) another formal communicationunless the applicable agreement, Website feature, or law expressly authorizes that method.Formal notices under a signed agreement must be delivered according to the notice provisions of that agreement.This Section does not invalidate:(a) a privacy request properly submitted through an authorized method;(b) a marketing opt-out;(c) a withdrawal of consent;(d) a security report;(e) an accessibility request; or(f) another communication that applicable law permits to be submitted through the designated contact method.9.4 Privacy Requests During an Outage
Privacy questions and requests may be submitted to:[email protected]A temporary Website or form outage does not invalidate a privacy request actually received through that address.Where applicable law requires Provocative Media to provide or maintain additional request methods, Provocative Media will provide those methods to the extent required.The applicable legal response period will be determined according to:(a) when the request is received through an authorized method;(b) the type of request;(c) any legally permitted verification process;(d) any permitted extension; and(e) applicable law.Provocative Media will not rely on a Website outage to disregard a request it actually received through another authorized channel.9.5 Maintenance and Technical Interruptions
Provocative Media may suspend, limit, interrupt, or modify access to all or part of the Website for purposes including:(a) scheduled maintenance;(b) emergency maintenance;(c) software updates;(d) security updates;(e) Website redesign;(f) Website migration;(g) hosting or infrastructure changes;(h) repair of technical errors;(i) incident response;(j) replacement or removal of a provider;(k) testing of features;(l) implementation of new features;(m) legal or regulatory compliance;(n) preservation of systems or information; or(o) another legitimate operational purpose.Provocative Media is not required to provide advance notice of every interruption.Where reasonably practicable, Provocative Media may provide notice of a material planned interruption that is expected to significantly affect an active process.9.6 Dependence on External Providers
The Website may depend on providers used for:(a) Website building and hosting;(b) domain registration;(c) Domain Name System services;(d) content delivery;(e) infrastructure;(f) email and communications;(g) form processing;(h) workflow automation;(i) cloud storage;(j) file transfer;(k) security and spam prevention;(l) embedded content;(m) analytics; and(n) other operational functions.An outage, restriction, technical error, policy change, security incident, termination, or other event involving an External Service may affect Website availability or functionality.An independent provider may control matters outside Provocative Media’s reasonable control.Nothing in this Section eliminates responsibility that Provocative Media may have concerning:(a) its own provider selection;(b) its own provider configuration;(c) instructions it gives to a provider;(d) permissions or integrations it controls;(e) reasonable security obligations;(f) providers acting on its behalf;(g) obligations expressly assumed in an agreement; or(h) liability that applicable law does not permit Provocative Media to exclude.9.7 Internet, Network, and Device Conditions
Website access may be affected by circumstances outside Provocative Media’s reasonable control, including:(a) Internet outages;(b) network congestion;(c) telecommunications failures;(d) device or browser incompatibility;(e) local network restrictions;(f) power or utility failures;(g) malicious activity;(h) provider outages;(i) governmental restrictions;(j) natural disasters; and(k) other external events.You are ordinarily responsible for obtaining and maintaining the device, software, browser, network connection, and other resources necessary to access the Website.This Section does not eliminate a reasonable accessibility accommodation or alternative communication method required by applicable law.9.8 Changes to the Website
Provocative Media may revise, update, reorganize, replace, expand, reduce, or otherwise modify the Website.Changes may include:(a) revising Website Content;(b) changing design, layout, branding, or navigation;(c) adding, removing, or replacing pages;(d) changing forms or form fields;(e) adding or removing descriptions of Services;(f) changing contact methods;(g) replacing providers;(h) adding, reconfiguring, or removing integrations;(i) revising eligibility or inquiry procedures;(j) changing technical requirements;(k) changing available languages or formats;(l) introducing or removing accessibility features;(m) changing security controls; or(n) discontinuing all or part of the Website.Provocative Media is not required to preserve the Website permanently in its current form.A Website modification does not amend a signed agreement unless the governing agreement permits that method of amendment.9.9 Changes to Services and Business Operations
A change to Website Content may reflect a change in:(a) Provocative Media’s Services;(b) business model;(c) business strategy;(d) available forms;(e) Creator or Brand qualification procedures;(f) Campaign administration;(g) geographic availability;(h) provider relationships;(i) legal requirements; or(j) other business operations.Removal of a Service description from the Website does not automatically terminate an existing signed agreement.Continued display of a Service description does not guarantee that the Service:(a) is currently available;(b) will be offered to every person;(c) is available in every jurisdiction;(d) is available at a particular price; or(e) will remain available.9.10 Website Information May Become Outdated
Website Content may become outdated because of changes in:(a) Provocative Media’s Services;(b) business strategy;(c) personnel;(d) Creator or Brand relationships;(e) Campaign availability;(f) pricing practices;(g) legal or regulatory requirements;(h) technology;(i) Platform Rules;(j) External Services; or(k) other circumstances.Provocative Media may correct, update, replace, or remove outdated information.Provocative Media does not guarantee that every change will be reflected immediately.Provocative Media will not knowingly retain materially false or deceptive Website statements.9.11 Errors, Omissions, and Corrections
The Website may contain:(a) typographical errors;(b) formatting errors;(c) broken or incorrect links;(d) incomplete descriptions;(e) technical defects;(f) outdated information;(g) image or display errors;(h) incorrect dates;(i) transcription errors; or(j) other mistakes.Provocative Media may correct a bona fide error at any time.Before a binding agreement is executed, Provocative Media may withdraw or correct an obvious or reasonably identifiable error concerning:(a) pricing;(b) dates;(c) availability;(d) Campaign scope;(e) Creator identification;(f) Deliverables;(g) compensation;(h) usage rights; or(i) another commercial term.Provocative Media will not rely on this Section to:(a) retroactively alter an executed agreement;(b) avoid an express binding obligation;(c) retain payment contrary to an applicable agreement;(d) excuse fraud or intentional deception;(e) disregard reasonable reliance that applicable law protects; or(f) make an otherwise deceptive statement lawful.The effect of an error contained in a signed agreement will be determined by that agreement and applicable law.9.12 No Reliance on Website Permanence
The Website should not be treated as the sole permanent record of:(a) a submission;(b) a communication;(c) a proposal;(d) pricing;(e) a Campaign opportunity;(f) an agreement;(g) an approval;(h) a license;(i) a payment;(j) a privacy request; or(k) another important business matter.You should retain copies of records reasonably necessary for your own business, tax, legal, compliance, and contractual purposes.Provocative Media’s own recordkeeping obligations are governed by:(a) the Privacy Policy;(b) applicable agreements;(c) internal retention procedures; and(d) applicable law.9.13 Website Forms
Provocative Media may add, revise, close, suspend, restrict, replace, or remove a Website form.The availability of a form does not mean that Provocative Media:(a) is actively accepting every category of inquiry;(b) has an available Campaign;(c) has available Creator or Brand opportunities;(d) is offering a vendor or contractor engagement;(e) will review every submission;(f) will accept every attachment or link;(g) will respond to every inquiry; or(h) will retain the form indefinitely.The Website does not currently invite general employment applications unless a specific page expressly states otherwise.Provocative Media may restrict a form based on:(a) submission volume;(b) security concerns;(c) suspected fraud or spam;(d) business needs;(e) geography;(f) eligibility;(g) technical limitations;(h) legal requirements; or(i) another legitimate consideration.9.14 Failed, Delayed, and Incomplete Submissions
A Website submission may be:(a) delayed;(b) blocked;(c) misrouted;(d) filtered;(e) corrupted;(f) rejected;(g) incomplete;(h) separated from an attachment; or(i) lostbecause of a technical, provider, network, browser, security, or operational issue.Potential causes include:(a) a provider outage;(b) spam or security filtering;(c) an invalid contact address;(d) an unsupported file type;(e) file-size limitations;(f) a network interruption;(g) browser or device settings;(h) malicious or suspicious content;(i) failure to complete a required field; or(j) another technical condition.A confirmation page or automated response may confirm that an attempted submission occurred without guaranteeing that:(a) every field was transmitted;(b) every attachment was received;(c) the material was readable;(d) the submission was reviewed;(e) the submission was accepted; or(f) the material will be preserved indefinitely.9.15 Duplicate Submission and Delivery Verification
Where a matter is important or time-sensitive, you should use the delivery or confirmation procedure stated in the applicable agreement or Website instructions.You may contact Provocative Media through an appropriate authorized method to confirm whether a business inquiry was received.You should not repeatedly submit substantially identical forms in a manner that creates spam, abuse, or operational disruption.Provocative Media may:(a) consolidate duplicate submissions;(b) disregard unnecessary duplicates;(c) retain the most complete version;(d) request clarification; or(e) restrict repeated abusive submissions.9.16 General Website Suspension
Provocative Media may temporarily suspend all or part of the Website where reasonably necessary to:(a) maintain or improve the Website;(b) address technical problems;(c) investigate suspected misuse;(d) respond to fraud, spam, abuse, or a security incident;(e) protect Provocative Media or another person;(f) comply with law or legal process;(g) comply with a provider requirement;(h) prevent unauthorized access;(i) stop harmful activity;(j) transition to another provider;(k) preserve systems or evidence; or(l) address another legitimate operational, legal, or security concern.A general Website suspension does not automatically suspend or terminate a separate agreement.
9.17 Restriction of Individual Access
Provocative Media may restrict, block, filter, suspend, or terminate an individual’s Website access where it reasonably believes that the person:(a) violated these Terms;(b) submitted fraudulent, deceptive, abusive, or unlawful material;(c) engaged in prohibited spam, scraping, automated access, or security testing;(d) interfered with the Website or another visitor;(e) attempted unauthorized access;(f) created a material security or operational risk;(g) attempted to evade a prior restriction;(h) impersonated another person;(i) used the Website to facilitate fraud or unlawful activity; or(j) otherwise materially misused the Website.A restriction may apply to a reasonably relevant:(a) email address;(b) telephone number;(c) account;(d) device;(e) browser identifier;(f) Internet Protocol address;(g) network;(h) domain; or(i) other technical identifier.Provocative Media will not knowingly use a restriction for an unlawful discriminatory purpose.9.18 Protected Conduct Will Not Independently Justify Restriction
Provocative Media will not restrict Website access solely because a person:(a) submitted an honest negative review;(b) made a good-faith complaint;(c) submitted a privacy request;(d) exercised an applicable consumer right;(e) requested accessibility assistance;(f) reported suspected misconduct;(g) contacted a regulator or governmental authority;(h) engaged in protected whistleblowing;(i) participated in a legal proceeding; or(j) engaged in another activity protected by applicable law.Protected conduct does not authorize:(a) unauthorized access;(b) security testing;(c) threats;(d) harassment;(e) malicious code;(f) impersonation;(g) fraud;(h) system disruption; or(i) another independently prohibited act.9.19 Immediate Restrictions
Provocative Media may restrict or suspend access without advance notice where it reasonably believes immediate action is necessary to:(a) protect Website security;(b) prevent fraud;(c) prevent physical or digital harm;(d) stop unlawful or abusive activity;(e) prevent system disruption;(f) preserve evidence;(g) comply with law or legal process;(h) comply with an urgent provider requirement;(i) protect personal or confidential information; or(j) prevent evasion of an existing valid restriction.Provocative Media may provide notice or an opportunity to respond where reasonably practicable.Advance notice or an opportunity to respond is not required where applicable law permits immediate action and delay could materially increase the risk.9.20 Requests for Restoration
A person whose Website access has been restricted may request restoration through an appropriate contact method.Provocative Media may request information reasonably necessary to:(a) confirm identity;(b) confirm organizational authority;(c) understand the activity;(d) determine whether the issue has been corrected;(e) confirm that prohibited conduct has stopped;(f) address a security concern;(g) correct false information; or(h) evaluate whether restoration is appropriate.Provocative Media is not required to restore access merely because restoration is requested.A person should not submit unnecessary sensitive identification information through ordinary email.9.21 Restoration of Access
If Provocative Media restores Website access after a restriction or suspension, restoration does not:(a) waive a prior violation;(b) prevent a future restriction;(c) eliminate responsibility arising from prior conduct;(d) amend these Terms;(e) require restoration in another matter;(f) restore an expired opportunity; or(g) revive a separate agreement that was validly terminated.Any condition imposed on restoration must be lawful and reasonably related to the circumstances that caused the restriction.9.22 Website Discontinuation
Provocative Media may discontinue the Website or any portion of it.Discontinuation may include:(a) permanently closing the Website;(b) moving the Website to another domain;(c) replacing the Website with another service;(d) removing forms or public content;(e) eliminating features;(f) converting all or part of the Website to restricted access; or(g) otherwise ending public availability.Unless a binding agreement expressly states otherwise, a Website visitor has no ownership interest in or contractual right to the continued public availability of the Website.Provocative Media will comply with legally required notices, recordkeeping, privacy obligations, and contractual transition requirements.9.23 Effect on Pending Inquiries
Suspension, modification, or discontinuation of the Website does not necessarily:(a) cancel an inquiry already received;(b) terminate preliminary communications;(c) require Provocative Media to continue considering an inquiry;(d) create a right to compensation;(e) guarantee preservation of every Submitted Material;(f) reserve an opportunity; or(g) require restoration of a discontinued form.Provocative Media may:(a) continue the inquiry through another method;(b) pause the inquiry;(c) request resubmission;(d) transfer the inquiry to another authorized system;(e) close the inquiry; or(f) discontinue consideration.Personal information associated with a pending or closed inquiry remains subject to the Privacy Policy.9.24 Effect on Binding Agreements
A Website outage, suspension, modification, migration, or discontinuation does not automatically:(a) terminate an agreement;(b) suspend contractual obligations;(c) amend an agreement;(d) excuse payment;(e) extend a deadline;(f) revoke a license;(g) cancel a Campaign; or(h) excuse a Deliverable.The effect on an active Brand, Creator, vendor, contractor, or Campaign relationship will be determined by:(a) the applicable agreement;(b) any Force Majeure provision;(c) any notice or delivery provision;(d) authorized communications between the parties;(e) applicable law; and(f) the circumstances of the interruption.Where an agreement specifies a communication, approval, submission, or delivery procedure, that procedure controls.9.25 Alternative Communication Methods
During an outage, maintenance period, migration, or other transition, Provocative Media may designate an alternative communication method.An alternative method may include:(a) email;(b) telephone;(c) video conference;(d) an electronic-signature provider;(e) a secure file-transfer method;(f) a document portal;(g) another Website or form; or(h) another method designated by Provocative Media.Before providing confidential, payment, authentication, or sensitive information through an alternative method, you should reasonably verify that the method is legitimate.Provocative Media will not ordinarily request:(a) passwords;(b) authentication codes;(c) online-banking credentials;(d) complete payment-card information; or(e) unrestricted Platform credentialsthrough an unsolicited email or ordinary Website message.9.26 Security-Related Changes
Provocative Media may change Website functionality, access rules, form requirements, file limitations, integrations, verification measures, and other technical controls to address a security or fraud concern.Changes may include:(a) blocking file types;(b) limiting submission volume;(c) adding verification measures;(d) restricting geographic access;(e) disabling links or embedded content;(f) changing providers;(g) applying rate limits;(h) temporarily disabling forms;(i) requiring a more secure submission method;(j) disabling an integration; or(k) restricting automated traffic.Provocative Media is not required to publicly disclose:(a) unremediated vulnerabilities;(b) confidential security architecture;(c) internal investigations;(d) fraud-detection methods;(e) authentication details;(f) privileged communications; or(g) other security-sensitive information.This Section does not authorize Provocative Media to make materially false or misleading security representations.9.27 Monitoring, Logs, and Preservation
Subject to applicable law and the Privacy Policy, Provocative Media may maintain and review information relating to Website operation and security, including:(a) server logs;(b) form-submission records;(c) timestamps;(d) delivery and error records;(e) Internet Protocol information;(f) device and browser information;(g) security alerts;(h) spam and abuse indicators;(i) access records; and(j) related technical information.Provocative Media may preserve information where reasonably necessary to:(a) investigate misuse;(b) detect fraud;(c) respond to a security incident;(d) comply with legal process;(e) enforce these Terms or another agreement;(f) resolve a dispute;(g) protect rights or safety;(h) maintain an audit record; or(i) satisfy a legal hold or preservation obligation.Suspension or termination of access does not require immediate deletion of related information.9.28 Removal and Revision of Website Content
Provocative Media may remove, restrict, archive, revise, correct, or replace Website Content where it reasonably believes that the content:(a) is outdated;(b) is inaccurate;(c) may infringe another person’s rights;(d) creates a privacy or security concern;(e) violates applicable law;(f) violates a provider requirement;(g) is no longer relevant;(h) creates a material legal or operational risk; or(i) should otherwise be modified or removed.Removal or revision does not, by itself, constitute an admission of:(a) liability;(b) wrongdoing;(c) infringement;(d) falsity;(e) negligence; or(f) another legal conclusion.Provocative Media will not characterize removal as eliminating a legal obligation that independently requires preservation or disclosure.9.29 Prior Website Versions
Provocative Media is not required to:(a) preserve every prior Website version;(b) maintain public access to archived pages;(c) provide every historical copy;(d) preserve every discontinued feature;(e) continue hosting User-Submitted Materials; or(f) maintain a publicly accessible Website change log.Provocative Media may retain prior versions for:(a) legal compliance;(b) privacy compliance;(c) contract administration;(d) dispute resolution;(e) security;(f) operational records; or(g) other legitimate recordkeeping purposes.This Section does not alter the prior-policy record provisions of the Privacy Policy.9.30 Extraordinary Events
Website availability may be affected by circumstances beyond Provocative Media’s reasonable control, including:(a) fire;(b) flood;(c) severe weather;(d) natural disaster;(e) epidemic or public-health emergency;(f) war;(g) terrorism;(h) civil disorder;(i) governmental action;(j) labor disruption;(k) power or utility failure;(l) Internet or telecommunications failure;(m) hosting or provider failure;(n) cyberattack;(o) court order; or(p) another comparable event.The effect of an extraordinary event on a signed agreement will be governed by that agreement, including any applicable Force Majeure, notice, mitigation, and termination provisions.This Section does not expand a Force Majeure provision contained in a separate agreement.
9.31 Accessibility
Provocative Media may review and modify the Website to improve accessibility, usability, compatibility, and effective communication.A person experiencing difficulty accessing Website Content or submitting a Website form may report the issue through the appropriate contact method identified on the Website or at:[email protected]An accessibility report may identify:(a) the affected page or feature;(b) the type of difficulty experienced;(c) the device, browser, or assistive technology involved, where the person chooses to provide that information;(d) the information or function the person was attempting to access; and(e) a preferred reasonable alternative communication method.A person is not required to disclose unnecessary health or disability information to report an accessibility issue.Provocative Media may provide an alternative method for accessing information or submitting an inquiry where appropriate.Nothing in these Terms:(a) represents that incompatibility with every conceivable device or technology is impossible;(b) waives an applicable accessibility right;(c) limits a legally required reasonable modification or auxiliary aid;(d) permits unlawful disability discrimination; or(e) eliminates an effective-communication obligation imposed by applicable law.9.32 Technical Requirements
Provocative Media may change technical requirements affecting Website access, including:(a) supported browsers;(b) supported operating systems;(c) device compatibility;(d) JavaScript settings;(e) cookie or storage settings;(f) encryption requirements;(g) file types;(h) file sizes;(i) form validation;(j) embedded features;(k) authentication methods; and(l) other technical conditions.Provocative Media does not guarantee continued compatibility with obsolete, unsupported, insecure, or materially outdated technology.A technical requirement will not be intentionally used to evade a nonwaivable accessibility, privacy, consumer-protection, or other legal obligation.9.33 No General Duty to Provide Technical Support
Unless Provocative Media expressly agrees otherwise, it is not required to provide:(a) individualized device support;(b) browser troubleshooting;(c) local network support;(d) software installation assistance;(e) recovery of a lost submission;(f) repair of a third-party system;(g) Platform-account support;(h) password recovery for an independent Platform; or(i) another technical service.Provocative Media may provide limited assistance without creating an obligation to provide continuing support.This Section does not limit reasonable assistance or an alternative communication method required by applicable law.9.34 Website Changes and Available Remedies
Any liability or remedy arising from a Website interruption, modification, suspension, restriction, error, or discontinuation will be determined under:(a) the applicable Disclaimer Article;(b) the applicable Limitation of Liability Article;(c) the applicable Indemnification Article;(d) a binding separate agreement;(e) applicable law; and(f) the specific circumstances.A Website change does not ordinarily create a right to:(a) compensation;(b) reimbursement;(c) replacement Services;(d) restoration of a discontinued feature;(e) restoration of Website access; or(f) lost-profit recoveryunless that right arises under a binding agreement or applicable law.Nothing in this Section limits a remedy that cannot lawfully be excluded or limited.9.35 User-Side Technical Conditions
To the fullest extent permitted by applicable law, Provocative Media is not responsible for a Website-access problem caused solely by:(a) the user’s device;(b) outdated or unsupported software;(c) user-controlled browser settings;(d) a local network configuration;(e) user-controlled security software;(f) unavailable Internet access;(g) blocked cookies or scripts;(h) an incorrect contact address supplied by the user;(i) a full or filtered email mailbox; or(j) another condition outside Provocative Media’s reasonable control.This Section does not apply where Provocative Media:(a) caused or materially contributed to the problem;(b) made a materially false compatibility representation;(c) failed to perform an express binding obligation;(d) failed to provide a legally required accessible or alternative method; or(e) otherwise bears responsibility under applicable law.9.36 No Waiver Through Continued Availability
Provocative Media’s failure to immediately suspend or restrict access after suspected misconduct does not:(a) authorize the conduct;(b) waive a violation;(c) prevent later investigation or enforcement;(d) create a permanent right of access;(e) amend these Terms; or(f) limit another lawful remedy.A waiver is effective only to the extent established under the waiver provisions of these Terms or a binding agreement.9.37 Relationship to Other Articles
This Article should be read together with the provisions concerning:(a) Permitted Use of the Website;(b) Prohibited Conduct;(c) Website Inquiries and Submitted Information;(d) User-Submitted Materials;(e) Third-Party Links and Platforms;(f) intellectual property;(g) privacy;(h) disclaimers;(i) limitations of liability;(j) indemnification;(k) termination; and(l) dispute resolution.Where another Article or binding agreement more specifically governs a particular interruption, submission, Campaign, communication, provider, or obligation, the more specific provision applies.9.38 Effect of Separate Agreements
A separate agreement may establish specific requirements concerning:(a) service availability;(b) Campaign continuity;(c) system access;(d) communications;(e) notices;(f) deadlines;(g) file delivery;(h) approvals;(i) Force Majeure;(j) business continuity;(k) disaster recovery;(l) data preservation; or(m) suspension and termination.Where a binding separate agreement expressly conflicts with this Article, the separate agreement will control the relationship and subject matter it expressly governs.9.39 No Exclusion of Nonwaivable Duties
Nothing in this Article excludes, limits, or excuses:(a) fraud;(b) intentional deception;(c) breach of an express binding obligation;(d) unlawful discrimination;(e) a legally required privacy response;(f) a legally required security notice;(g) a legally required accessibility measure;(h) responsibility legally attributable to Provocative Media;(i) a nonwaivable statutory right; or(j) liability that applicable law does not permit to be excluded.The fact that Website availability is not guaranteed does not authorize Provocative Media to make a materially false statement about Website availability, security, accessibility, or functionality.9.40 Survival
Provisions that by their nature should continue after Website access is suspended, restricted, discontinued, or terminated will survive, including provisions concerning:(a) prior violations;(b) preservation and retention of information;(c) security records;(d) enforcement;(e) signed agreements;(f) External Service dependencies;(g) responsibility for prior conduct;(h) applicable limitations of liability;(i) disputes; and(j) rights and obligations arising before suspension or termination.
10. DISCLAIMERS
10.1 Scope of This Article
This Article applies to:(a) the Website;(b) Website Content;(c) Website forms and features;(d) general Website communications;(e) preliminary business information;(f) external links and integrations;(g) Submitted Materials and User-Submitted Materials;(h) general information concerning Services, Creators, Brands, Campaigns, and business opportunities; and(i) other information or functionality made available through or in connection with the Website.This Article applies only to the fullest extent permitted by applicable law.Nothing in this Article eliminates, limits, disclaims, or modifies:(a) an obligation expressly assumed by Provocative Media in a binding agreement;(b) a representation or warranty expressly stated in a binding agreement;(c) liability that applicable law does not permit Provocative Media to exclude;(d) a nonwaivable statutory right or remedy;(e) responsibility for fraud or intentional deception;(f) responsibility for Provocative Media’s own unlawful conduct;(g) an applicable privacy, security, accessibility, or consumer-protection obligation; or(h) another obligation expressly preserved by these Terms.10.2 Conspicuous Website Disclaimer
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND GENERAL WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS EXCEPT THOSE EXPRESSLY STATED IN A BINDING AGREEMENT.Subject to applicable law, Provocative Media does not warrant that the Website or general Website Content will:(a) satisfy every visitor’s requirements or expectations;(b) be available continuously;(c) operate without interruption, delay, error, or defect;(d) be compatible with every device, browser, operating system, network, configuration, or integration;(e) be completely accurate, complete, or current at all times;(f) be free from every harmful component or security risk;(g) produce a particular commercial result;(h) remain available in its current form; or(i) be available in every jurisdiction.This disclaimer concerns general Website access and content. It does not excuse nonperformance of an express obligation stated in a binding agreement.10.3 General Informational and Business-Evaluation Content
Website Content is generally provided for informational, qualification, and preliminary business-evaluation purposes.Website Content may describe:(a) Provocative Media’s business;(b) Services that Provocative Media may offer;(c) potential Creator relationships;(d) potential Brand relationships;(e) sponsorship and partnership processes;(f) Campaign coordination;(g) general commercial considerations;(h) Website inquiry procedures; and(i) other matters relevant to possible business relationships.Website Content is not necessarily a complete statement of every:(a) Service;(b) eligibility requirement;(c) Campaign requirement;(d) legal obligation;(e) commercial term;(f) risk;(g) exception;(h) procedure; or(i) right applicable to a particular relationship.10.4 No Professional Advice
The Website and general Website Content do not constitute:(a) legal advice;(b) tax advice;(c) accounting advice;(d) financial or investment advice;(e) insurance advice;(f) employment-classification or labor advice;(g) regulatory advice;(h) intellectual-property legal advice;(i) advertising-law advice;(j) privacy or data-protection legal advice;(k) Platform-compliance legal advice; or(l) another regulated professional service.Provocative Media is not acting through the Website as:(a) a law firm;(b) legal counsel;(c) an accounting firm;(d) a tax adviser;(e) an investment adviser;(f) a financial adviser;(g) an insurance broker;(h) a governmental authority; or(i) another regulated professional adviser.The inclusion of legal or commercial terminology in the Website or these Terms does not create a professional-adviser relationship.10.5 Commercial Contract and Campaign Support
Provocative Media may provide commercial services involving:(a) negotiation support;(b) contract coordination;(c) contract administration;(d) Campaign documentation;(e) collection of approvals;(f) communication of proposed terms;(g) tracking of Deliverables;(h) general disclosure reminders;(i) Campaign compliance coordination; and(j) other agreed business-administration functions.Those activities do not mean that Provocative Media:(a) acts as legal counsel;(b) provides a formal legal opinion;(c) guarantees that an agreement is enforceable in every circumstance;(d) determines the ultimate legal rights of any party;(e) guarantees that a document complies with every applicable law;(f) guarantees that another party will comply with an agreement; or(g) replaces review by qualified legal counsel.This Section does not eliminate any specific contract-administration, communication, approval, or compliance-support obligation expressly assumed by Provocative Media in a binding agreement.10.6 Independent Evaluation and Professional Review
Each Creator, Brand, vendor, contractor, referral partner, and other business contact is responsible for independently evaluating matters relevant to that person’s proposed relationship, including:(a) commercial suitability;(b) proposed compensation or pricing;(c) contract terms;(d) intellectual-property rights;(e) usage rights;(f) paid advertising and whitelisting;(g) exclusivity;(h) taxes;(i) insurance;(j) worker classification;(k) legal and regulatory requirements;(l) Platform Rules;(m) international activity;(n) matters involving Minors; and(o) other material business risks.Each person should determine whether consultation with an attorney, accountant, tax professional, insurance professional, or other qualified adviser is appropriate.Provocative Media’s participation does not represent that independent review is unnecessary.10.7 No Guarantee of Representation or Business Relationship
Website access, Website Content, an inquiry, a submission, or preliminary communication does not guarantee:(a) Creator representation;(b) Brand Services;(c) vendor or contractor engagement;(d) a referral or partnership relationship;(e) an introduction;(f) a proposal;(g) a Campaign;(h) sponsorship revenue;(i) compensation;(j) execution of an agreement; or(k) another business relationship.Article 5 governs the absence of guaranteed representation, Campaigns, and business opportunities.10.8 No Guarantee of Financial or Commercial Results
Provocative Media does not guarantee that Website use, an inquiry, a Service, a proposed relationship, or a Campaign will produce:(a) revenue;(b) profit;(c) a particular return on investment;(d) sponsorship income;(e) audience growth;(f) Brand awareness;(g) improved sentiment;(h) media coverage;(i) exposure;(j) renewals;(k) long-term Brand relationships; or(l) another commercial result.Any specific financial or performance commitment must be expressly stated in a binding agreement.10.9 No Guarantee of Campaign Outcomes
Unless expressly stated in a binding agreement, Provocative Media does not guarantee any particular:(a) number of views;(b) impressions;(c) reach;(d) downloads;(e) clicks;(f) engagements;(g) conversions;(h) leads;(i) subscriptions;(j) sales;(k) revenue;(l) audience response;(m) Platform distribution;(n) ranking;(o) recommendation placement; or(p) return on advertising expenditure.Campaign results may depend on factors outside Provocative Media’s reasonable control, including:(a) audience behavior;(b) Creator performance;(c) Brand-provided claims and materials;(d) product quality and availability;(e) timing;(f) market conditions;(g) competition;(h) Platform algorithms;(i) Platform enforcement;(j) technical failures; and(k) third-party conduct.10.10 Deliverables Distinguished From Outcomes
A binding agreement may require Provocative Media, a Creator, a Brand, or another party to provide specified:(a) Deliverables;(b) Services;(c) publication activity;(d) reporting;(e) approvals;(f) coordination;(g) documentation; or(h) other defined performance.An obligation to provide a Deliverable does not, by itself, guarantee:(a) audience reception;(b) engagement;(c) conversion;(d) sales;(e) profitability;(f) Brand lift;(g) Platform distribution;(h) advertising approval;(i) account standing;(j) continued public availability; or(k) another outcome not expressly guaranteed.The absence of a guaranteed outcome does not eliminate an obligation to provide a Deliverable expressly required by a binding agreement.10.11 Accuracy and Completeness of Website Content
Provocative Media may seek to provide useful and accurate Website information, but does not warrant that every item of Website Content will always be:(a) completely accurate;(b) complete;(c) current;(d) error-free;(e) applicable to every person;(f) suitable for every purpose;(g) legally sufficient in every jurisdiction; or(h) free from typographical, formatting, technical, or editorial errors.Website Content may become outdated because of changes in:(a) Provocative Media’s operations;(b) available Services;(c) Creator or Brand relationships;(d) Campaign availability;(e) applicable laws;(f) Platform Rules;(g) technology;(h) providers; or(i) other circumstances.Provocative Media will not knowingly use this disclaimer to preserve a materially false or deceptive Website statement.10.12 Updates and Corrections
Provocative Media may update, correct, revise, replace, or remove Website Content.Provocative Media is not required to revise every item immediately after every operational, legal, Platform, or commercial change.This Section does not eliminate a duty to:(a) correct a materially false or deceptive statement;(b) update a legally required privacy disclosure;(c) provide a legally required notice at collection;(d) correct information incorporated into a binding agreement;(e) honor an express warranty; or(f) comply with another legally required update obligation.A visitor should confirm material transaction-specific information through the applicable written proposal or agreement.10.13 Errors and Mistaken Website Statements
A bona fide Website error may include:(a) a typographical error;(b) an incorrect date;(c) an incorrect link;(d) an incorrect form field;(e) a technical display error;(f) an incomplete description;(g) a mistaken price;(h) an incorrect Creator identification;(i) an incorrect availability statement; or(j) another objectively identifiable mistake.Before a binding agreement is formed, Provocative Media may correct or withdraw a bona fide error.Provocative Media will not use this provision to:(a) retroactively alter an executed agreement;(b) excuse fraud or intentional deception;(c) retain payment contrary to an agreement;(d) avoid an express binding obligation;(e) disregard legally protected reliance; or(f) make an otherwise deceptive statement lawful.10.14 Preliminary Descriptions and No General Website Offer
Unless expressly stated otherwise, general Website descriptions concerning:(a) Services;(b) Campaign processes;(c) pricing;(d) Creator compensation;(e) timing;(f) availability;(g) Creator participation;(h) Brand participation;(i) Deliverables;(j) usage rights; or(k) other commercial termsare preliminary and informational.General Website Content does not ordinarily constitute:(a) a binding offer;(b) acceptance;(c) a promise to contract;(d) a reservation;(e) a guaranteed price;(f) a guaranteed Campaign;(g) a guaranteed Creator; or(h) a duty to continue negotiations.A binding obligation may arise only where the applicable communication, acceptance process, authority, terms, and circumstances satisfy the requirements described in these Terms and applicable law.10.15 Controlling Campaign and Commercial Documents
Website Content does not amend or override an applicable:(a) Brand Services Agreement;(b) Brand Statement of Work;(c) Brand Change Order;(d) Creator Sponsorship Representation Agreement;(e) Creator Campaign Addendum;(f) Creator Campaign Amendment;(g) vendor or contractor agreement;(h) license;(i) release;(j) Platform authorization; or(k) other binding agreement.Where a binding agreement expressly conflicts with general Website Content, the binding agreement controls the relationship and subject matter it governs.10.16 Information Supplied by Other Persons
Provocative Media may receive information from:(a) Creators;(b) Brands;(c) agencies;(d) vendors;(e) contractors;(f) Platforms;(g) analytics providers;(h) professional advisers;(i) referral sources;(j) Website visitors; and(k) other persons.Provocative Media does not independently warrant the accuracy, authenticity, completeness, legality, ownership, authority, or reliability of every statement or material supplied by another person.Reasonable review, transmission, inclusion in a proposal, or discussion of third-party information does not, by itself, constitute:(a) an audit;(b) a certification;(c) a guarantee;(d) a formal background check;(e) an endorsement; or(f) an assumption of responsibility for every underlying statement.Provocative Media will not knowingly repeat or adopt information it knows to be materially false or deceptive.10.17 Publicly Available Information
Provocative Media may review lawfully accessible public profiles, Websites, channels, directories, posts, publications, media coverage, audience information, and other public sources.Public information may be:(a) incomplete;(b) outdated;(c) inaccurate;(d) manipulated;(e) removed;(f) disputed;(g) impersonated;(h) presented without context; or(i) measured differently by different providers.Reviewing, recording, summarizing, or referencing public information does not constitute a warranty that the information is accurate.10.18 Audience and Performance Metrics
Audience, Platform, Website, podcast, newsletter, and Campaign metrics may originate from:(a) Creators;(b) Brands;(c) Platform-native analytics;(d) screenshots;(e) exported reports;(f) public information;(g) third-party analytics providers;(h) estimates;(i) modeled information; or(j) historical data.Unless expressly stated otherwise, Provocative Media does not warrant that a metric is:(a) independently audited;(b) completely accurate;(c) continuously current;(d) measured consistently across Platforms;(e) unaffected by invalid or artificial activity;(f) unaffected by later Platform correction; or(g) predictive of future results.Provocative Media will not knowingly present a metric it knows to be materially false or misleading.
10.19 Objective Claims and Required Substantiation
Nothing in this Article authorizes Provocative Media to make:(a) a materially false claim;(b) a deceptive claim;(c) an unfair claim;(d) an unsubstantiated objective claim;(e) a misleading earnings claim;(f) a misleading performance claim; or(g) another representation prohibited by applicable law.Where Provocative Media makes an objective claim concerning:(a) its Services;(b) Campaign performance;(c) Creator performance;(d) audience characteristics;(e) prior results;(f) revenue;(g) response rates; or(h) another measurable matter,Provocative Media will maintain the substantiation required by applicable law for the claim actually conveyed.A general disclaimer does not cure or override a false, deceptive, or directly contradictory claim.10.20 Qualifying Disclosures
Where a disclosure is necessary to prevent a Website statement, advertisement, endorsement, or other communication from being misleading, Provocative Media will provide the disclosure in a manner required by applicable law.Depending on the context, a qualifying disclosure may need to be:(a) clear;(b) understandable;(c) prominent;(d) placed near the applicable claim;(e) presented before a material decision;(f) displayed for sufficient time;(g) accessible on the applicable device; and(h) presented without contradictory language.A disclosure located only in these Terms will not be treated as sufficient where applicable law requires the disclosure to appear closer to the applicable claim or transaction.10.21 Testimonials, Reviews, Examples, and Case Studies
A testimonial, review, quotation, Campaign description, case study, illustration, prior result, or other example does not guarantee that another Creator or Brand will obtain the same or a similar result.Results may vary because of:(a) the Creator;(b) the Brand;(c) the audience;(d) the Platform;(e) the product or Service;(f) Campaign scope;(g) budget;(h) timing;(i) market conditions;(j) content;(k) usage rights;(l) exclusivity;(m) competition; and(n) other circumstances.Provocative Media will not knowingly:(a) fabricate a testimonial;(b) use a testimonial from a nonexistent person;(c) misrepresent that a person had actual experience;(d) materially alter a testimonial to misrepresent the person’s experience;(e) conceal a material connection where disclosure is required;(f) use an endorsement to convey an unsubstantiated claim;(g) present an exceptional experience as generally expected without an appropriate disclosure; or(h) otherwise use reviews or testimonials deceptively.A general “results may vary” or “past performance does not guarantee future results” statement will not replace a more specific disclosure required by applicable law.10.22 Third-Party References and Endorsement
Reference to or display of a Brand, Creator, Platform, podcast, newsletter, vendor, product, Service, Website, account, or profile does not necessarily constitute:(a) endorsement;(b) sponsorship;(c) representation;(d) approval;(e) verification;(f) recommendation;(g) affiliation; or(h) a guarantee of quality or conduct.Any actual relationship depends on the applicable facts, disclosures, and agreements.Where Provocative Media makes an actual endorsement or receives a material benefit connected to a recommendation, it will provide any disclosure required by applicable law.10.23 Independent Third-Party Services
Provocative Media does not warrant the availability, content, performance, privacy practices, security, legality, pricing, or conduct of an independent Third-Party Service.An independent Third-Party Service may maintain its own:(a) terms;(b) privacy notice;(c) security practices;(d) payment terms;(e) refund rules;(f) content standards;(g) moderation procedures;(h) account rules; and(i) operational decisions.Article 8 governs Third-Party Services more specifically.This disclaimer does not apply to the extent Provocative Media:(a) controls the relevant conduct;(b) is the contracting party;(c) makes an independent representation;(d) expressly assumes an obligation;(e) configures the applicable integration;(f) bears legal responsibility for a provider acting on its behalf; or(g) otherwise remains responsible under applicable law.10.24 Platforms, Algorithms, and Account Decisions
Provocative Media does not control an independent Platform’s:(a) algorithms;(b) content distribution;(c) discoverability;(d) monetization eligibility;(e) advertising approval;(f) account verification;(g) account restrictions;(h) content removal;(i) analytics calculation;(j) recommendation systems;(k) outages;(l) policies; or(m) feature changes.Provocative Media does not guarantee that it can prevent, reverse, appeal, or remedy an independent Platform decision.This Section does not eliminate a Platform-coordination or Campaign-support obligation expressly assumed by Provocative Media.10.25 Website Availability and Communications
Provocative Media does not warrant that:(a) the Website will be continuously accessible;(b) every form submission will be successfully delivered;(c) every attachment will be received;(d) every message will avoid spam or security filtering;(e) every communication will be preserved without error;(f) every inquiry will be reviewed; or(g) every inquiry will receive a response.A Website confirmation page or automated acknowledgment may confirm an attempted submission without guaranteeing:(a) complete delivery;(b) substantive review;(c) acceptance;(d) eligibility; or(e) preservation.Article 9 governs Website availability, changes, suspension, and failed submissions more specifically.10.26 Privacy Requests and Legally Required Communications
The Website-availability and communications disclaimers do not invalidate:(a) a privacy request actually received through an authorized method;(b) a valid marketing opt-out;(c) a withdrawal of consent;(d) a security report;(e) an accessibility request;(f) a formal notice delivered in accordance with an agreement; or(g) another legally effective communication.Provocative Media will not rely on a general delivery disclaimer to disregard a communication it actually received and is legally required to process.10.27 Security Disclaimer
The security practices applicable to personal information are described in the Privacy Policy.Provocative Media does not warrant that:(a) the Website is immune from every security incident;(b) every transmission is completely secure;(c) unauthorized access will never occur;(d) every harmful component will be detected;(e) every provider will prevent all incidents;(f) information will never be lost, altered, intercepted, or disclosed; or(g) every vulnerability will be identified or corrected immediately.No Website, network, transmission method, provider, storage system, or security measure can eliminate every possible risk.This Section does not eliminate or limit:(a) a legally required safeguard;(b) an incident-response duty;(c) a required security notification;(d) a privacy or security representation made by Provocative Media;(e) responsibility for Provocative Media’s own security decisions;(f) responsibility legally attributable to Provocative Media; or(g) another nonwaivable obligation.10.28 Harmful Components and User-Side Security
Provocative Media does not warrant that the Website, downloads, links, attachments, communications, or External Services will be free from every:(a) virus;(b) malicious script;(c) corrupted file;(d) vulnerability;(e) unauthorized tracking technology;(f) malicious redirect; or(g) unauthorized third-party act.Users should maintain reasonable protections appropriate to their own devices and accounts, including:(a) current software;(b) security updates;(c) appropriate authentication;(d) secure networks;(e) backups; and(f) reasonable caution concerning links and attachments.This Section does not excuse harmful code knowingly introduced by Provocative Media or another responsibility that cannot lawfully be disclaimed.10.29 Device, Browser, and Software Compatibility
Provocative Media does not warrant compatibility with every:(a) device;(b) browser;(c) browser version;(d) operating system;(e) network configuration;(f) security setting;(g) third-party application;(h) obsolete technology; or(i) unsupported software environment.Provocative Media may change technical requirements as described in Article 9.This Section does not authorize Provocative Media to use technical incompatibility to evade a nonwaivable accessibility, privacy, consumer-protection, or communication obligation.10.30 Accessibility
Provocative Media may take reasonable steps to improve Website accessibility, usability, and effective communication.Provocative Media does not warrant that every:(a) page;(b) document;(c) form;(d) embedded feature;(e) third-party integration;(f) device;(g) browser; or(h) assistive technologywill provide an identical experience or operate without every limitation.An accessibility issue may be reported through the contact method identified in Article 9.Nothing in this Section:(a) waives an applicable accessibility right;(b) eliminates a legally required reasonable modification;(c) eliminates a legally required auxiliary aid or service;(d) permits unlawful disability discrimination;(e) eliminates an effective-communication obligation; or
10.31 User-Submitted Materials
Provocative Media does not endorse or independently warrant User-Submitted Materials merely because it:(a) receives them;(b) stores them;(c) reviews them;(d) discusses them;(e) includes them in an evaluation; or(f) forwards them to an authorized recipient.Provocative Media does not independently warrant that every User-Submitted Material is:(a) accurate;(b) authentic;(c) lawful;(d) noninfringing;(e) authorized;(f) complete;(g) secure; or(h) suitable for a particular purpose.Articles 4 and 7 govern Submitted Materials and User-Submitted Materials more specifically.This Section does not excuse Provocative Media from responsibility for its own later use, modification, disclosure, or representation concerning those materials.10.32 Unsolicited Confidential Information
Submitting materials through a general Website form or ordinary email does not automatically create:(a) a nondisclosure agreement;(b) a confidential relationship;(c) a fiduciary relationship;(d) an attorney-client relationship;(e) a professional privilege; or(f) an obligation to compensate the submitter.This Section does not eliminate confidentiality arising from:(a) a binding nondisclosure agreement;(b) a commercial agreement;(c) an information request made under circumstances creating an applicable obligation;(d) applicable privacy law;(e) trade-secret law;(f) a legally protected disclosure; or(g) another legally recognized duty.10.33 Due Diligence and Verification
Provocative Media may conduct reasonable business, identity, authority, Brand-safety, audience, compliance, conflict, fraud, or reputational review.Unless expressly agreed otherwise, Provocative Media does not warrant that its review will identify every:(a) false statement;(b) conflict;(c) legal violation;(d) contractual restriction;(e) financial concern;(f) fraudulent metric;(g) security concern;(h) Platform violation;(i) reputational issue; or(j) other risk.A reasonable review is not automatically:(a) a formal audit;(b) a guarantee;(c) a certification;(d) a regulated background report;(e) a legal clearance;(f) an insurance verification; or(g) an endorsement.Provocative Media will remain responsible for any specific due-diligence task it expressly agrees to perform.10.34 Regulated Reports and Background Checks
General Website acceptance does not constitute authorization for Provocative Media to obtain:(a) a consumer report;(b) a credit report;(c) a regulated criminal-history report;(d) an employment background report; or(e) another regulated report.If Provocative Media determines that a regulated report is reasonably necessary, it may use a separate process addressing applicable:(a) permissible-purpose requirements;(b) notices;(c) authorizations;(d) certifications;(e) pre-adverse-action procedures;(f) adverse-action procedures; and(g) other legal requirements.10.35 No Fiduciary or Special Duty From Website Use
Website access, a Website inquiry, preliminary communication, or general Website information does not create a fiduciary, advisory, agency, management, brokerage, or other special relationship.Provocative Media does not undertake through general Website use a duty to:(a) act exclusively in the visitor’s interest;(b) disclose every potential opportunity;(c) disclose every business relationship;(d) maximize another person’s revenue;(e) recommend every available Brand or Creator;(f) investigate every third party;(g) monitor every business risk; or(h) protect a visitor from every potential loss.Any specific representative, agency, administrative, contractual, or other duty will be determined by the applicable binding agreement and applicable law.10.36 Worker, Vendor, and Contractor Status
Website descriptions concerning Creators, vendors, contractors, or other business relationships do not independently determine:(a) employment status;(b) independent-contractor status;(c) worker classification;(d) tax treatment;(e) eligibility for benefits;(f) wage rights;(g) agency status; or(h) another legal classification.The applicable relationship will be determined by:(a) the actual circumstances;(b) the applicable agreement;(c) the parties’ conduct; and(d) applicable law.Nothing in this Section authorizes misclassification or eliminates a nonwaivable employment or labor right.10.37 Compliance Support and Responsibility
Provocative Media may provide agreed Campaign compliance support involving:(a) disclosure reminders;(b) collection of Brand claims;(c) communication of Campaign requirements;(d) routing of content for approval;(e) review of required Platform tools;(f) documentation of approvals; and(g) other agreed administrative functions.Unless expressly stated otherwise in a binding agreement, Provocative Media does not guarantee that:(a) every Campaign complies with every applicable law in every jurisdiction;(b) every Brand claim is adequately substantiated;(c) every Creator disclosure is sufficient in every context;(d) every Platform will approve the content;(e) every third-party right has been obtained;(f) every person will follow applicable instructions; or(g) every later modification will remain compliant.Each party remains responsible for:(a) its own conduct;(b) its own claims;(c) materials it supplies;(d) representations it makes;(e) permissions it is required to obtain;(f) disclosures it is required to make; and(g) obligations allocated to it under the applicable agreement and law.This Section does not eliminate a specific compliance task or responsibility expressly accepted by Provocative Media.10.38 Legal, Regulatory, and Platform Information
Website Content may discuss legal, privacy, advertising, contract, Platform, or compliance matters in general terms.Provocative Media does not warrant that such general information:(a) reflects every recent legal or regulatory change;(b) applies in every jurisdiction;(c) addresses every exception;(d) is sufficient for a particular Campaign;(e) constitutes an official interpretation;(f) reflects every Platform update; or(g) replaces transaction-specific professional advice.Provocative Media will not knowingly present general legal or compliance information as authoritative professional advice.10.39 International Access and Use
Provocative Media does not warrant that every Website feature, Service, Campaign, form, or business practice is:(a) available;(b) appropriate;(c) licensed;(d) registered;(e) approved; or(f) lawfulin every jurisdiction.Access to the Website from another jurisdiction does not, by itself, mean that Provocative Media offers Services there.A visitor remains responsible for laws applicable to that visitor’s own conduct.This Section does not eliminate a law that validly applies to Provocative Media or a nonwaivable international privacy, consumer, accessibility, or other legal obligation.10.40 Artificial Intelligence and Automated Tools
Provocative Media may use automation, spam filtering, analytics, classification, transcription, security tools, or artificial-intelligence-supported tools in certain operations.Nothing in this Section represents that Provocative Media currently uses every type of tool described.Where such a tool is used, Provocative Media does not warrant that every automated output or classification will be:(a) accurate;(b) complete;(c) unbiased;(d) appropriate;(e) error-free; or(f) suitable as the sole basis for a material decision.Provocative Media may review, revise, reject, or disregard an automated output.Nothing in this Section authorizes Provocative Media to:(a) use automated processing unlawfully;(b) disregard a legally required human review;(c) use User-Submitted Materials for unauthorized model training;(d) create unauthorized digital replicas or synthetic media; or(e) avoid notice, consent, appeal, or other procedures required by applicable law.10.41 Disclaimer of Implied Warranties
To the fullest extent permitted by applicable law, Provocative Media disclaims warranties and representations concerning the Website and general Website Content that are not expressly stated in a binding agreement, whether implied, statutory, or arising from a course of dealing or usage of trade.To the extent such warranties may apply, the disclaimer may include implied warranties concerning:(a) merchantability;(b) fitness for a particular purpose;(c) title;(d) noninfringement;(e) quiet enjoyment;
10.42 No Disclaimer of Express Obligations
This Article does not disclaim a specific:(a) representation;(b) warranty;(c) payment obligation;(d) Deliverable;(e) Service commitment;(f) Campaign obligation;(g) confidentiality obligation;(h) data-security obligation;(i) license;(j) approval right;(k) indemnification obligation; or(l) other dutythat Provocative Media expressly accepts in a binding agreement.Rights and obligations under an executed agreement will be determined by:(a) that agreement;(b) incorporated Campaign documents;(c) authorized amendments and Change Orders;(d) applicable approvals; and(e) applicable law.10.43 No Disclaimer of Fraud, Deception, or Intentional Misconduct
Nothing in these Terms authorizes Provocative Media to:(a) make a knowingly false statement;(b) commit fraud;(c) intentionally deceive another person;(d) intentionally conceal a material fact where disclosure is legally required;(e) knowingly disseminate a materially false advertising claim;(f) fabricate a review or testimonial;(g) intentionally introduce malicious code; or(h) engage in another deceptive or intentional practice prohibited by law.A disclaimer will not be interpreted to convert a materially false or deceptive statement into a lawful statement.10.44 Privacy, Security, and Accessibility Obligations
Nothing in this Article disclaims or eliminates:(a) obligations stated in the Privacy Policy;(b) a legally required privacy notice;(c) a legally required privacy response;(d) a legally required security safeguard;(e) a legally required incident notification;(f) a legally required accessibility measure;(g) an effective-communication obligation;(h) a reasonable modification required by applicable law; or(i) another nonwaivable privacy, security, or accessibility right.A statement that no system is completely secure does not eliminate the obligation to use legally required safeguards.A statement that compatibility cannot be guaranteed for every technology does not eliminate an applicable accessibility obligation.10.45 Nonwaivable Rights
Nothing in this Article excludes, limits, or waives:(a) a right that applicable law does not permit the parties to waive;(b) liability that applicable law does not permit the parties to exclude;(c) an enforceable express warranty;(d) rights under a binding agreement;(e) remedies for fraud or intentional misconduct where nonwaivable;(f) legally protected consumer rights;(g) legally protected privacy rights;(h) legally protected accessibility rights; or(i) another mandatory legal protection.Where a disclaimer is invalid or unenforceable in a particular circumstance, it will apply only to the maximum extent permitted by law.10.46 Separate Agreements and Order of Precedence
A separate agreement may establish different or additional:(a) warranties;(b) representations;(c) Service levels;(d) Deliverables;(e) performance standards;(f) security requirements;(g) compliance duties;(h) intellectual-property warranties;(i) acceptance criteria;(j) remedies; or(k) disclaimers.Where a binding separate agreement expressly conflicts with this Article, the separate agreement will control the relationship and subject matter it expressly governs.A separate agreement does not waive a right that applicable law does not permit the parties to waive.10.47 Relationship to the Limitation of Liability
This Article identifies warranties, representations, assurances, and guarantees that Provocative Media does and does not provide.The separate Limitation of Liability Article governs, to the extent legally permitted:(a) recoverable categories of damages;(b) exclusions of indirect or consequential damages;(c) monetary liability caps;(d) causal limitations;(e) third-party losses; and(f) other limits on remedies.A disclaimer of warranty and a limitation of liability are separate provisions and should be interpreted independently where applicable law permits.Nothing in this Article independently determines the amount of recoverable damages.10.48 Relationship to Other Articles
This Article should be read together with:(a) Article 4 concerning Website Inquiries and Submitted Information;(b) Article 5 concerning representation, Campaigns, and opportunities;(c) Article 6 concerning intellectual property;(d) Article 7 concerning User-Submitted Materials;(e) Article 8 concerning Third-Party Links and Platforms;(f) Article 9 concerning Website availability, changes, and suspension;(g) the Indemnification Article;(h) the Limitation of Liability Article;(i) the Dispute Resolution Article;(j) the Privacy Policy; and(k) any binding separate agreement.Where another provision more specifically governs a particular Website function, Campaign, representation, statement, provider, or obligation, the more specific provision applies.10.49 Severability and Maximum Lawful Effect
If a disclaimer in this Article is determined to be invalid, unlawful, or unenforceable in a particular jurisdiction or circumstance, the provision will be:(a) enforced to the maximum extent permitted;(b) limited where necessary;(c) modified only to the minimum extent required; or(d) severed where modification is not legally available.The remaining disclaimers will continue in effect to the extent legally enforceable.The invalidity of a disclaimer in one circumstance does not necessarily invalidate the disclaimer in another circumstance.10.50 Survival
Provisions that by their nature should continue after Website access or these Terms end will survive, including provisions concerning:(a) professional-advice limitations;(b) third-party information;(c) historical results;(d) User-Submitted Materials;(e) warranties and disclaimers concerning prior activity;(f) express written obligations;(g) nonwaivable rights;(h) separate agreements;(i) disputes; and(j) matters arising before termination.
11. LIMITATION OF LIABILITY
11.1 Scope of This Article
This Article applies to claims arising out of or relating to:(a) access to or use of the Website;(b) inability to access or use the Website;(c) Website Content;(d) Website forms and inquiry processes;(e) Submitted Materials and User-Submitted Materials;(f) electronic communications initiated through or directly resulting from Website use;(g) External Services, links, Platforms, integrations, and providers;(h) preliminary business discussions initiated through the Website;(i) reliance on general Website information;(j) preliminary proposals, estimates, and opportunity descriptions;(k) suspension, restriction, modification, or discontinuation of the Website; and(l) other conduct expressly governed by these Terms.Subject to the exceptions stated in this Article, these limitations apply to monetary claims regardless of whether the claim is characterized as:(a) breach of contract;(b) tort;(c) negligence;(d) strict liability;(e) misrepresentation;(f) restitution;(g) unjust enrichment;(h) statute;(i) equity; or(j) another legal or remedial theory.These limitations apply only to the fullest extent permitted by applicable law.11.2 Website and Preliminary-Interaction Claims Only
This Article principally governs claims concerning the public Website and preliminary Website-related interactions.It does not replace or modify a limitation-of-liability provision contained in a binding:(a) Brand Services Agreement;(b) Brand Statement of Work;(c) Brand Change Order;(d) Creator Sponsorship Representation Agreement;(e) Creator Campaign Addendum;(f) Creator Campaign Amendment;(g) Vendor or Independent Contractor Agreement;(h) Referral Agreement;(i) Nondisclosure Agreement;(j) license or release; or(k) other commercial agreement.A claim arising from performance or breach of a separate agreement will be governed by the liability provisions of that agreement.A claim does not become subject to this Website liability cap merely because the applicable commercial relationship originally began through a Website inquiry.11.3 Provocative Media Parties
For purposes of this Article, the “Provocative Media Parties” means:(a) Provocative Media LLC;(b) its present and former Affiliates, to the extent applicable;(c) its successors and permitted assigns;(d) its members, managers, officers, directors, and employees;(e) its authorized agents, representatives, consultants, and contractors;(f) its licensors and content providers; and(g) providers supporting the Website, forms, infrastructure, hosting, communications, security, storage, document processing, and other Website-related operations.A person or entity other than Provocative Media LLC may invoke this Article only to the extent that:(a) the claim concerns activities performed for or on behalf of Provocative Media;(b) the person or entity acted within the applicable scope of its role;(c) the protection is legally enforceable;(d) the person or entity has not expressly accepted a greater obligation in another agreement; and(e) the claim does not arise solely from that person’s or entity’s independent conduct unrelated to Provocative Media.11.4 Assent and Conspicuous Presentation
This Article applies as a contractual limitation only where you are legally bound by these Terms.Provocative Media intends that the material exclusions and monetary cap in this Article be:(a) presented conspicuously;(b) written in reasonably understandable language;(c) made available before the action constituting acceptance;(d) accessible through a visible link; and(e) associated with a legally sufficient acceptance process where affirmative acceptance is required.Merely placing these Terms in an inconspicuous Website footer does not necessarily establish acceptance by every Website visitor.Where a Website form is intended to create agreement to these Terms, the applicable interface may state that submission constitutes agreement and may require an unchecked acceptance box or another affirmative action.11.5 Proof of Claim, Causation, and Loss
Nothing in these Terms eliminates the requirement that a claimant establish all elements of an applicable claim.To recover monetary relief, a claimant must establish, to the extent required by applicable law:(a) a legally recognized duty or obligation;(b) a breach or other actionable conduct;(c) actual injury or legally cognizable loss;(d) causation;(e) reasonable certainty of damages;(f) the claimant’s right to recover the requested category of relief; and(g) satisfaction of applicable procedural requirements.The existence of a Website error, outage, rejected inquiry, unsuccessful opportunity, or security event does not, by itself, establish liability or damages.11.6 EXCLUSION OF INDIRECT AND CONSEQUENTIAL DAMAGES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROVOCATIVE MEDIA PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED, MULTIPLE, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE WEBSITE, THESE TERMS, OR A PRELIMINARY WEBSITE-RELATED INTERACTION.This exclusion applies even where:(a) the possibility of the damages was disclosed;(b) the damages were reasonably foreseeable;(c) a party was advised that the damages might occur;(d) a limited remedy fails of its essential purpose; or(e) another remedy is determined to be inadequate.This Section does not exclude a category of damages that applicable law does not permit the parties to exclude.11.7 Excluded Economic and Opportunity Losses
For claims governed by these Terms, and to the fullest extent permitted by applicable law, the Provocative Media Parties will not be liable for:(a) lost profits;(b) lost revenue;(c) lost income;(d) lost commissions;(e) lost sponsorship compensation;(f) lost Campaign compensation;(g) lost sponsorships;(h) lost Campaigns;(i) lost business opportunities;(j) lost contracts;(k) lost expected savings;(l) lost anticipated commercial advantage;(m) loss of goodwill;(n) reputational harm;(o) business interruption;(p) loss of use;(q) costs incurred in anticipation of a potential opportunity;(r) financing or investment losses;(s) loss of expected audience growth, exposure, or publicity; or(t) another similar commercial or economic loss.For purposes of claims governed by these Terms, the exclusions in this Section apply whether the particular loss is characterized as:(a) direct;(b) indirect;(c) incidental;(d) consequential;(e) reliance-based; or(f) another category of damages.This Section does not exclude:(a) an amount expressly owed under a binding agreement;(b) a refund expressly required by a binding agreement;(c) compensation already earned under a binding agreement;(d) a category of damages that cannot legally be excluded; or(e) liability for conduct covered by an exception in this Article.11.8 No Liability Merely Because an Opportunity Does Not Arise
The Provocative Media Parties will not be liable merely because:(a) an inquiry was not reviewed;(b) an inquiry did not receive a response;(c) a Creator was not accepted for representation;(d) a Brand was not accepted as a client;(e) a vendor or contractor was not engaged;(f) an introduction was not made;(g) a proposal was not prepared;(h) a Campaign was not offered;(i) a Brand or Creator declined an opportunity;(j) negotiations ended without an agreement;(k) an anticipated agreement was not executed;(l) a preliminary opportunity was modified, delayed, withdrawn, or discontinued;(m) an opportunity was offered to another person; or(n) a person incurred expenses while pursuing a preliminary opportunity.This Section does not protect:(a) unlawful discrimination;(b) fraud;(c) breach of a binding preliminary agreement;(d) violation of a legally enforceable promise;(e) violation of an existing confidentiality obligation; or(f) another claim that cannot lawfully be excluded.11.9 Campaign and Commercial Outcomes
Unless a binding agreement expressly provides otherwise, the Provocative Media Parties will not be liable because a proposed or completed Campaign, sponsorship, introduction, proposal, or commercial relationship fails to achieve:(a) a specified number of views;(b) impressions;(c) downloads;(d) clicks;(e) engagements;(f) leads;(g) conversions;(h) subscriptions;(i) sales;(j) revenue;(k) profit;(l) audience growth;(m) Brand awareness;(n) favorable audience sentiment;(o) media coverage;(p) viral distribution;(q) Campaign renewal;(r) a particular return on investment; or(s) another commercial result.Failure to achieve an anticipated outcome is not, by itself, evidence that an agreed Deliverable or Service was not provided.This Section does not excuse failure to perform a specific Deliverable, payment obligation, or other commitment expressly required by a binding agreement.11.10 Website Availability and Technical Events
To the fullest extent permitted by applicable law, the Provocative Media Parties will not be liable for losses caused solely by:(a) Website downtime;(b) scheduled or emergency maintenance;(c) a network or telecommunications outage;(d) a provider outage;(e) an unavailable or malfunctioning Website form;(f) browser or device incompatibility;(g) an unsupported file type;(h) a broken, changed, or redirected link;(i) a software defect outside Provocative Media’s reasonable control;(j) a power or utility failure;(k) a governmental restriction;(l) a Force Majeure event; or(m) another external technical event outside Provocative Media’s reasonable control.This Section does not eliminate responsibility arising from:(a) Provocative Media’s own conduct;(b) a materially false availability statement;(c) an express Service-level commitment;(d) an accessibility obligation;(e) a privacy or security obligation;(f) Provocative Media’s configuration of a provider or integration; or(g) another obligation that cannot lawfully be excluded.11.11 Failed, Delayed, or Incomplete Communications
To the fullest extent permitted by applicable law, the Provocative Media Parties will not be liable for a Website inquiry or ordinary business communication that is:(a) delayed;(b) blocked;(c) filtered;(d) rejected;(e) corrupted;(f) misrouted;(g) separated from an attachment;(h) transmitted incompletely;(i) sent to an incorrect address supplied by the sender; or(j) not received because of a technical event outside Provocative Media’s reasonable control.A Website confirmation or automated acknowledgment does not guarantee:(a) complete delivery;(b) readability of an attachment;(c) substantive review;(d) acceptance;(e) eligibility; or(f) preservation.This Section does not invalidate:(a) a communication actually received by Provocative Media;(b) a privacy request received through an authorized method;(c) a marketing opt-out;(d) an accessibility request;(e) a formal notice properly delivered under a binding agreement; or(f) another communication that applicable law treats as effective.11.12 Submitted Materials
To the fullest extent permitted by applicable law, the Provocative Media Parties will not be liable for harm caused solely by:(a) inaccuracies in Submitted Materials;(b) a submitter’s lack of ownership or authority;(c) infringement or rights violations committed by a submitter;(d) unauthorized disclosure by a submitter;(e) malicious files or unsafe links submitted by another person;(f) unlawful content submitted by another person;(g) failure of a submitter to retain an independent copy;(h) failure to review or use a submission;(i) loss or corruption occurring before delivery to Provocative Media; or(j) decisions reasonably made in reliance on materially inaccurate information provided by another person.This Section does not excuse Provocative Media from responsibility for:(a) its own unauthorized use or disclosure;(b) obligations imposed by the Privacy Policy;(c) an express confidentiality obligation;(d) a binding Campaign license;(e) a legally required security obligation; or(f) another responsibility independently attributable to Provocative Media.11.13 Third-Party Information
The Provocative Media Parties will not be liable for losses caused solely by inaccurate, incomplete, outdated, manipulated, unauthorized, fraudulent, or unlawful information supplied by:(a) a Brand;(b) a Creator;(c) a vendor;(d) a contractor;(e) an agency;(f) a referral source;(g) a Platform;(h) a public database;(i) a Website visitor; or(j) another third party.Reasonable review, forwarding, summarization, discussion, or inclusion of third-party information in a preliminary evaluation does not, by itself, constitute:(a) an audit;(b) certification;(c) warranty;(d) guarantee;(e) regulated background report; or(f) adoption of every statement contained in the information.This Section does not apply where Provocative Media knowingly or intentionally presents materially false third-party information as accurate.11.14 Independent External Services and Platforms
To the fullest extent permitted by applicable law, the Provocative Media Parties will not be liable for the independent acts, omissions, systems, policies, content, or decisions of an External Service that Provocative Media does not control.This may include:(a) a Platform outage;(b) account suspension or termination;(c) content removal;(d) reduced content distribution;(e) demonetization;(f) an algorithmic change;(g) inaccurate Platform analytics;(h) an independent provider’s security incident;(i) a provider’s pricing or policy change;(j) payment-processing interruption;(k) scheduling or communication errors;(l) provider discontinuation; or(m) another independent provider action outside Provocative Media’s reasonable control.This Section does not eliminate responsibility arising from:(a) Provocative Media’s own statements or instructions;(b) an integration configured or controlled by Provocative Media;(c) an obligation expressly assumed by Provocative Media;(d) a provider’s conduct legally attributable to Provocative Media; or(e) another responsibility that applicable law assigns to Provocative Media.11.15 Providers Acting on Provocative Media’s Behalf
The involvement of a hosting provider, form provider, email provider, payment processor, document provider, security provider, or other service provider does not automatically eliminate Provocative Media’s responsibility.Where a provider acts on Provocative Media’s behalf, any liability will be determined according to:(a) the provider’s role;(b) the function performed;(c) Provocative Media’s instructions;(d) Provocative Media’s configuration decisions;(e) the applicable provider agreement;(f) who controlled the relevant conduct;(g) applicable privacy and security law; and(h) other relevant circumstances.Nothing in these Terms expands Provocative Media’s responsibility for a provider beyond that imposed by applicable law or expressly assumed in a binding agreement.11.16 Independent Transactions and Relationships
Unless Provocative Media is the contracting party or expressly assumes responsibility, Provocative Media will not be liable for an independent transaction, representation, promise, dispute, payment obligation, or relationship between:(a) a Website visitor and an independent External Service;(b) a visitor and a vendor not acting for Provocative Media;(c) a user and an independent social-media or content Platform;(d) a visitor and an external seller or service provider; or(e) other independent persons.Provocative Media’s introduction, coordination, communication, or review does not automatically make it responsible for another person’s independent obligations.This Section does not apply where:(a) Provocative Media is the contracting party;(b) the transaction is governed by a Brand Services Agreement;(c) the transaction is governed by a Creator agreement;(d) Provocative Media expressly guarantees an obligation;(e) Prov
(e) Provocative Media independently makes a materially false representation; or(f) applicable law otherwise imposes responsibility on Provocative Media.11.17 Security Incidents and Unauthorized Conduct
Provocative Media does not guarantee that unauthorized access, interception, alteration, loss, disclosure, or misuse will never occur.To the fullest extent permitted by applicable law, the Provocative Media Parties will not be liable for harm caused solely by:(a) criminal conduct;(b) hacking;(c) phishing;(d) credential theft;(e) malware introduced by another person;(f) impersonation;(g) unauthorized third-party access;(h) an independent provider’s security incident;(i) the user’s failure to protect credentials; or(j) another unauthorized act outside Provocative Media’s reasonable control.This Section does not eliminate or limit:(a) a security safeguard required by applicable law;(b) an obligation stated in the Privacy Policy;(c) a required incident notification;(d) responsibility for Provocative Media’s own conduct;(e) responsibility for an integration or permission controlled by Provocative Media;(f) responsibility legally attributable to Provocative Media; or(g) another nonwaivable security obligation.11.18 User Devices, Accounts, and Systems
To the fullest extent permitted by applicable law, the Provocative Media Parties will not be liable for damage or loss caused solely by:(a) the user’s computer or mobile device;(b) the user’s software;(c) an outdated or unsupported browser;(d) local network settings;(e) user-controlled security settings;(f) the user’s email account;(g) the user’s Platform account;(h) the user’s failure to install security updates;(i) the user’s disclosure of credentials;(j) downloads obtained from an independent source; or(k) another condition outside Provocative Media’s reasonable control.This Section does not apply where Provocative Media caused or materially contributed to the applicable damage through conduct for which liability cannot legally be limited.11.19 Loss or Unavailability of Data
To the fullest extent permitted by applicable law, the Provocative Media Parties will not be liable for loss, corruption, deletion, alteration, transmission failure, or unavailability of data or records unless the loss directly results from conduct for which liability cannot lawfully be limited.Website users and submitters should retain independent copies of:(a) Submitted Materials;(b) analytics;(c) media kits;(d) communications;(e) proposals;(f) reports;(g) approvals;(h) electronic records; and(i) other important materials.This Section does not alter a specific data-retention, backup, return, security, or preservation obligation expressly stated in a binding agreement.11.20 Reliance on Website Content
To the fullest extent permitted by applicable law, the Provocative Media Parties will not be liable for a decision made solely in reliance on general Website Content without appropriate independent evaluation.This may include a decision concerning:(a) whether to enter into an agreement;(b) compensation or pricing;(c) legal rights;(d) tax treatment;(e) intellectual-property ownership;(f) regulatory compliance;(g) advertising disclosures;(h) worker classification;(i) insurance;(j) financing or investment; or(k) another material business or professional matter.This Section does not protect a materially false or deceptive factual statement made by Provocative Media.11.21 Professional Advice
The Provocative Media Parties will not be liable for harm caused by treating general Website Content, preliminary commercial coordination, or informal business observations as:(a) legal advice;(b) tax advice;(c) accounting advice;(d) financial or investment advice;(e) insurance advice;(f) employment advice; or(g) another regulated professional service.This Section does not eliminate a specific commercial, administrative, or Campaign-support obligation expressly assumed by Provocative Media.11.22 Preliminary Statements, Estimates, and Negotiations
To the fullest extent permitted by applicable law, the Provocative Media Parties will not be liable for reliance on:(a) a preliminary estimate;(b) draft pricing;(c) proposed Creator compensation;(d) an anticipated timeline;(e) a preliminary Creator roster;(f) a tentative availability statement;(g) an unsigned draft;(h) a preliminary Campaign concept;(i) an informal statement; or(j) another communication that reasonably indicates that it is preliminary, conditional, subject to approval, or subject to contract.This Section does not exclude responsibility arising from:(a) fraud;(b) intentional deception;(c) a binding preliminary agreement;(d) a sufficiently definite authorized promise enforceable under applicable law;(e) legally protected reliance; or(f) another obligation that applicable law does not permit Provocative Media to disclaim.11.23 Mitigation of Damages
A person asserting a claim must take reasonable steps to avoid or reduce preventable loss after the person knows or reasonably should know that a loss has occurred or is likely to occur.Subject to applicable law, Provocative Media will not be responsible for damages that could reasonably have been avoided through measures such as:(a) timely notice of the problem;(b) use of available security controls;(c) retention or restoration of backup copies;(d) verification of suspicious payment or account instructions;(e) correction of known inaccurate information;(f) discontinuation of unauthorized activity;(g) revocation of compromised credentials; or(h) another reasonable protective measure.The burden, scope, and effect of a failure to mitigate will be determined by applicable law.This Section does not require a person to take an unreasonable, unsafe, unlawful, or disproportionately expensive measure.11.24 AGGREGATE MONETARY LIABILITY CAP
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE MONETARY LIABILITY OF ALL PROVOCATIVE MEDIA PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF THE SAME OR RELATED WEBSITE ACTIVITY, EVENT, TRANSACTION, COMMUNICATION, OR COURSE OF CONDUCT WILL NOT EXCEED THE GREATER OF:(a) ONE HUNDRED UNITED STATES DOLLARS (US $100); OR(b) THE AMOUNT, IF ANY, THAT YOU PAID DIRECTLY TO PROVOCATIVE MEDIA SPECIFICALLY FOR ACCESS TO OR USE OF THE PUBLIC WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.Because the public Website is ordinarily provided without charge, the amount under subsection (b) will ordinarily be zero.Amounts paid under a separate Brand, Creator, Campaign, vendor, referral, licensing, or other commercial agreement are not amounts paid specifically for access to or use of the public Website and are not included in subsection (b).11.25 Application of the Cap to Each Claimant
The cap in Section 11.24 applies to the aggregate monetary liability of the Provocative Media Parties to you.It is not intended to establish one shared $100 cap for every person who might be affected by an event.For a particular claimant:(a) related claims will be aggregated;(b) multiple legal theories will not multiply the cap;(c) claims against multiple Provocative Media Parties will not multiply the cap;(d) multiple Website pages, forms, or communications involved in the same course of conduct will not multiply the cap; and(e) assignment or transfer of a claim will not increase the applicable cap.Whether events or claims are sufficiently related will be determined from the applicable facts and law.11.26 Monetary Relief Covered by the Cap
To the fullest extent permitted by applicable law, the cap applies to monetary relief arising from a claim governed by these Terms, including:(a) compensatory damages;(b) direct damages;(c) reliance damages;(d) restitution;(e) statutory damages where limitation is legally permitted;(f) nominal damages;(g) interest included as part of a monetary award; and(h) another monetary remedy that may legally be capped.The cap does not limit:(a) relief that applicable law does not permit the parties to limit;(b) court costs or attorney’s fees where a nonwaivable law independently requires their award;(c) governmental fines or penalties imposed directly by an authority;(d) an injunction or declaratory remedy that cannot legally be restricted; or(e) an amount expressly owed under a controlling binding agreement.11.27 Separate Commercial Liability Provisions
Claims arising from a signed commercial agreement will be governed by that agreement’s provisions concerning:(a) damages exclusions;(b) liability caps;(c) payment obligations;(d) indemnification;(e) warranties;(f) insurance;(g) Campaign obligations;(h) remedies; and(i) dispute resolution.The Website cap does not reduce:(a) Creator compensation earned under a Creator Campaign Addendum;(b) a Brand refund or credit expressly required by a Brand agreement;(c) payment owed to a vendor under a binding agreement;(d) an indemnification obligation governed by a separate agreement; or(e) another amount expressly payable under a separate agreement.If a signed agreement expressly incorporates this Article, it will apply only to the extent and for the purposes stated in that agreement.11.28 No Exclusion of Express Obligations
Nothing in this Article eliminates or limits a specific:(a) payment obligation;(b) Deliverable;(c) Service commitment;(d) representation;(e) warranty;(f) confidentiality obligation;(g) data-security obligation;(h) intellectual-property license;(i) approval right;(j) indemnification obligation; or(k) other dutyexpressly accepted by Provocative Media in a binding agreement, except to the extent that the agreement itself validly limits the applicable remedy.11.29 Fraud, Intentional Misconduct, and Other Nonwaivable Conduct
Nothing in this Article excludes or limits liability to the extent that applicable law prohibits exclusion or limitation for:(a) fraud;(b) intentional misrepresentation;(c) intentional misconduct;(d) willful misconduct;(e) recklessness;(f) gross negligence;(g) malicious conduct;(h) death or personal injury;(i) unlawful discrimination;(j) infringement or misappropriation;(k) violation of a nonwaivable statutory right; or(l) another category of conduct or liability that cannot legally be limited.The inclusion of a category in this Section does not represent that every jurisdiction treats that category identically.An exception applies only to the extent required by the law governing the particular claim.11.30 Privacy, Security, Accessibility, and Consumer Rights
Nothing in this Article eliminates or limits:(a) an obligation stated in the Privacy Policy;(b) a legally required privacy response;(c) a legally required security safeguard;(d) a legally required security-incident notification;(e) a legally required accessibility measure;(f) an effective-communication obligation;(g) a legally protected consumer right;(h) a legally required opt-out or consent withdrawal;(i) a right to contact a governmental authority; or(j) another protection that applicable law does not permit the parties to waive or limit.The statement that no system is completely secure does not eliminate a legally required duty to use reasonable safeguards.The statement that compatibility cannot be guaranteed for every technology does not eliminate a legally required accessibility obligation.11.31 No Duplicate Recovery
To the fullest extent permitted by applicable law, a claimant may not recover more than once for the same injury, loss, transaction, event, or course of conduct under:(a) multiple legal theories;(b) claims against multiple Provocative Media Parties;(c) overlapping statutory and common-law claims; or(d) claims against another responsible person.An amount actually received from another person for the same loss may reduce an amount otherwise recoverable from a Provocative Media Party to the extent necessary to prevent duplicative recovery.This Section does not prevent recovery for separate and independently proven injuries.11.32 Allocation of Risk and Essential Basis
The disclaimers, damages exclusions, and monetary cap in these Terms reflect the allocation of risk associated with providing a publicly accessible informational and business-inquiry Website that is ordinarily available without charge.Each exclusion and limitation is intended to operate independently.To the extent permitted by applicable law, the exclusions and cap will apply even if:(a) a limited remedy fails of its essential purpose;(b) one remedy is unavailable;(c) one disclaimer is determined to be unenforceable; or(d) a claimant alleges that another remedy is inadequate.The invalidity of one limitation does not automatically invalidate another independent limitation.11.33 Intended Third-Party Beneficiaries
The Provocative Media Parties identified in Section 11.3 are intended beneficiaries of the protections in this Article solely to the extent stated in this Article.An eligible Provocative Media Party may invoke:(a) an applicable damages exclusion;(b) the monetary cap;(c) a defense;(d) the no-duplicate-recovery provision; and(e) another applicable protectionwhere the claim arises from that party’s Website-related work for Provocative Media.A service provider, licensor, contractor, or other party may not use this Article to avoid:(a) an obligation independently owed by that party;(b) liability under its own agreement with the claimant;(c) independent unlawful conduct;(d) conduct outside the scope of its work for Provocative Media; or(e) liability that applicable law does not permit it to limit.No person other than an eligible Provocative Media Party is an intended third-party beneficiary of this Article.11.34 Jurisdictional Limitations
Some jurisdictions do not permit particular:(a) warranty disclaimers;(b) consequential-damages exclusions;(c) punitive-damages exclusions;(d) limitations involving personal injury;(e) statutory-damages limitations;(f) attorney-fee limitations; or(g) monetary liability caps.Where a limitation in this Article is prohibited or unenforceable:(a) it will apply to the maximum extent permitted;(b) it will be modified only to the minimum extent necessary;(c) an invalid portion may be severed; and(d) the remaining provisions will continue in effect.Nothing in this Article grants a right or remedy beyond that required by applicable law or a binding agreement.11.35 No Expansion of Liability or Duties
Nothing in this Article creates:(a) a duty that would not otherwise exist;(b) a higher standard of care;(c) a warranty;(d) a guarantee;(e) a fiduciary relationship;(f) a special relationship;(g) a private right of action;(h) a remedy not otherwise available; or(i) a category of damages not otherwise recoverable.Provocative Media’s voluntary decision to:(a) investigate;(b) assist;(c) respond;(d) correct information;(e) restore access;(f) provide a refund;(g) provide compensation; or(h) take another remedial actionin one circumstance does not create an obligation to take the same action in another circumstance.11.36 Relationship to Other Articles
This Article should be read together with the provisions concerning:(a) acceptance and assent;(b) permitted use;(c) prohibited conduct;(d) Website inquiries;(e) User-Submitted Materials;(f) business opportunities;(g) intellectual property;(h) External Services;(i) Website availability;(j) disclaimers;(k) indemnification;(l) dispute resolution; and(m) separate agreements.Where another Article more specifically governs a claim or remedy, the more specific provision applies.A disclaimer, indemnification obligation, damages exclusion, and liability cap are separate provisions and should be interpreted independently to the extent permitted by applicable law.11.37 Order of Precedence
If a binding separate agreement expressly conflicts with this Article, the separate agreement will control the relationship, claim,
12. INDEMNIFICATION
12.1 Scope of This Article
This Article governs indemnification obligations arising from:(a) access to or use of the Website;(b) Website inquiries;(c) Submitted Materials and User-Submitted Materials;(d) communications initiated through the Website;(e) information, instructions, permissions, links, documents, or materials provided through a process governed by these Terms;(f) misuse of the Website or Website Content;(g) interactions with Brands, Creators, vendors, Platforms, providers, or other persons arising from Website activity;(h) violations of these Terms; and(i) other conduct expressly identified in this Article.This Article applies only to a person or organization legally bound by these Terms.This Article principally addresses third-party Claims. Direct losses and enforcement expenses are governed separately by Sections 12.20 and 12.29.12.2 Indemnified Parties
For purposes of this Article, the “Provocative Media Parties” means:(a) Provocative Media LLC;(b) its present and former Affiliates, where applicable;(c) its successors and permitted assigns;(d) its members, managers, officers, directors, and employees;(e) its authorized agents and representatives;(f) its consultants and contractors acting within the authorized scope of their work for Provocative Media;(g) its licensors and content providers, but only regarding claims connected to materials lawfully provided to Provocative Media; and(h) its Website, hosting, infrastructure, form-processing, communications, storage, document, security, and other service providers, but only regarding claims arising from their authorized work for Provocative Media.A person other than Provocative Media LLC may invoke this Article only to the extent that:(a) the Claim concerns that person’s authorized work for or relationship with Provocative Media;(b) the person acted within the applicable scope of that work or relationship;(c) the person did not separately assume a different obligation;(d) the Claim is based on conduct attributable to you; and(e) enforcement by that person is permitted by applicable law.This Article does not protect a Provocative Media Party from liability arising solely from its independent conduct unrelated to Provocative Media or outside the applicable scope of authority.12.3 Definitions
For purposes of this Article:(a) Third-Party Claim“Third-Party Claim” means a claim asserted against a Provocative Media Party by a person or entity other than:(i) you;(ii) the Provocative Media Party seeking indemnification; or(iii) another Provocative Media Party asserting an internal claim.A Third-Party Claim may include a:(i) demand;(ii) complaint;(iii) lawsuit;(iv) arbitration;(v) administrative proceeding;(vi) regulatory proceeding;(vii) takedown request;(viii) infringement claim;(ix) privacy complaint;(x) Platform complaint; or(xi) other assertion of liability or responsibility.(b) Covered Proceeding“Covered Proceeding” means a subpoena, governmental inquiry, regulatory investigation, administrative request, Platform investigation, or comparable proceeding directed to a Provocative Media Party because of conduct for which you are responsible under this Article.(c) Losses“Losses” means, to the extent reasonable, actually incurred, legally recoverable, and covered by this Article:(i) judgments;(ii) damages;(iii) settlement amounts;(iv) liabilities;(v) reasonable attorneys’ fees;(vi) reasonable expert and professional fees;(vii) court and filing costs;(viii) reasonable investigation expenses;(ix) reasonable remediation expenses;(x) legally indemnifiable fines, penalties, assessments, or restitution;(xi) legally required refunds or chargebacks directly caused by covered conduct; and(xii) other reasonable costs of defending, resolving, or responding to a covered Third-Party Claim or Covered Proceeding.Losses do not include:(i) speculative amounts;(ii) duplicative recovery;(iii) unreasonable or unnecessary expenses;(iv) penalties that applicable law prohibits another person from indemnifying;(v) amounts attributable solely to an indemnitee’s excluded conduct; or(vi) amounts outside the scope of this Article.12.4 General Indemnification Obligation
To the fullest extent permitted by applicable law, you will indemnify and hold harmless the Provocative Media Parties from covered Losses arising from a Third-Party Claim or Covered Proceeding to the extent caused by or resulting from:(a) your material breach of these Terms;(b) your violation of applicable law;(c) your unlawful or unauthorized use of the Website;(d) your Submitted Materials or User-Submitted Materials;(e) information, instructions, permissions, links, or materials you provide;(f) your fraud, impersonation, or intentional misrepresentation;(g) your infringement, misappropriation, or violation of another person’s rights;(h) your unauthorized disclosure or misuse of information;(i) your prohibited security or technical conduct;(j) your unlawful communications or solicitation;(k) your lack of legally required authority, consent, permission, or approval; or(l) another act or omission for which you expressly accept responsibility under these Terms.Your obligation applies only to the extent the Claim or Loss is attributable to your conduct, materials, instructions, representations, or responsibilities.12.5 Allegations, Defense, and Final Indemnification
A duty to defend may arise when a Third-Party Claim alleges facts that, if proven, would fall within the scope of this Article.The duty to defend does not mean that:(a) the allegations are true;(b) liability has been established;(c) every allegation is covered;(d) every requested remedy is covered; or(e) you must indemnify a Provocative Media Party for uncovered conduct.Your obligation to pay a judgment, settlement, fine, penalty, or other ultimate liability applies only to the extent:(a) the covered conduct is established by a final judgment;(b) you admit the covered conduct;(c) the liability is resolved through a settlement authorized under this Article;(d) the facts otherwise establish the covered responsibility; or(e) applicable law requires indemnification.Where a Claim is settled, indemnification applies only to the extent the settlement:(a) addresses a covered Claim;(b) is reasonable under the circumstances;(c) was entered in good faith; and(d) complies with the procedures in this Article.12.6 Breach of These Terms
Covered conduct may include a material breach of provisions concerning:(a) permitted Website use;(b) prohibited conduct;(c) Website inquiries;(d) Submitted Materials;(e) User-Submitted Materials;(f) intellectual property;(g) privacy and confidentiality;(h) Website and account security;(i) Third-Party Services and Platforms;(j) identity, age, capacity, and authority;(k) communications and solicitation;(l) restrictions on automated access;(m) artificial-intelligence or synthetic-media use; and(n) another obligation imposed on you by these Terms.An alleged technical or immaterial breach that does not cause or materially contribute to the applicable Claim or Loss does not independently create an indemnification obligation.12.7 False or Misleading Information
You will indemnify the Provocative Media Parties from covered Third-Party Claims and Losses arising from information you knowingly, recklessly, or materially negligently provide that is:(a) false;(b) fraudulent;(c) forged;(d) fabricated;(e) materially incomplete in a misleading manner;(f) materially altered;(g) presented under a false identity;(h) presented without a reasonable factual basis; or(i) not corrected after you become aware of a material inaccuracy and continued reliance is reasonably foreseeable.Covered misrepresentations may concern:(a) identity;(b) age;(c) parental or guardianship authority;(d) organizational authority;(e) ownership;(f) licenses and permissions;(g) audience size;(h) engagement;(i) views, downloads, subscribers, or other metrics;(j) revenue or performance information;(k) professional or business qualifications;(l) contractual restrictions;(m) conflicts;(n) availability;(o) Campaign information; or(p) another material fact.A reasonable good-faith estimate, opinion, or innocent error does not create indemnification merely because it later proves inaccurate.12.8 Lack of Authority
You will indemnify the Provocative Media Parties from covered Third-Party Claims and Losses arising from your lack of authority to:(a) act for another person or organization;(b) submit an inquiry;(c) provide nonpublic personal or business information;(d) provide a document, media kit, profile, report, attachment, or restricted link;(e) grant a license or permission stated in these Terms;(f) disclose confidential or proprietary information;(g) provide account or Platform permissions;(h) approve a communication or instruction;(i) represent a Brand or Creator;(j) provide parental or guardianship approval; or(k) otherwise undertake the act giving rise to the Claim.This Section does not require ownership or control of an ordinary lawfully accessible public link merely because you submit the link for legitimate evaluation.12.9 User-Submitted Materials and Intellectual Property
You will indemnify the Provocative Media Parties from covered Third-Party Claims and Losses alleging that User-Submitted Materials or instructions provided by you:(a) infringe a copyright;(b) infringe a trademark or service mark;(c) infringe trade dress;(d) infringe a patent;(e) misappropriate a trade secret;(f) violate a publicity or identity right;(g) violate a privacy right;(h) violate a moral right;(i) violate a contractual license restriction;(j) contain unlawful third-party content; or(k) otherwise violate an intellectual-property or proprietary right.This obligation applies only to the extent the Claim arises from:(a) materials supplied by you;(b) a use expressly requested or authorized by you;(c) a representation concerning rights made by you; or(d) restrictions you failed to disclose.12.10 Exclusions From Submitted-Material Indemnity
You are not responsible under Section 12.9 to the extent a Claim results from:(a) an unauthorized material alteration independently made by Provocative Media;(b) use outside the permission you granted;(c) a combination with unrelated material that independently creates the Claim;(d) continued use after Provocative Media receives legally sufficient notice that the use is unlawful and has a reasonable opportunity to stop;(e) a representation independently made by Provocative Media that you did not authorize; or(f) conduct otherwise attributable solely to a Provocative Media Party.This exclusion does not apply where the modification, combination, continued use, or representation was authorized by you or permitted under an applicable agreement.12.11 Privacy, Confidentiality, and Data Claims
You will indemnify the Provocative Media Parties from covered Third-Party Claims and Losses arising from your:(a) unauthorized collection, use, or disclosure of personal information;(b) submission of another person’s nonpublic information without required authority;(c) failure to provide a legally required notice;(d) failure to obtain legally required consent;(e) unauthorized disclosure of confidential information;(f) submission of privileged information without authority;(g) disclosure of account credentials or authentication information;(h) misuse of information obtained through the Website;(i) violation of an applicable privacy, confidentiality, communications, or data-protection obligation; or(j) instruction that Provocative Media process information in a manner you know is unlawful.This Section does not transfer to you responsibility for:(a) Provocative Media’s independent processing decisions;(b) Provocative Media’s Privacy Policy;(c) security measures controlled by Provocative Media;(d) provider instructions issued by Provocative Media; or(e) another obligation independently imposed on Provocative Media.12.12 Names, Images, Voices, and Identity Rights
You will indemnify the Provocative Media Parties from covered Third-Party Claims and Losses arising from your unauthorized submission or authorization concerning another person’s:(a) name;(b) image;(c) likeness;(d) voice;(e) signature;(f) biography;(g) testimonial;(h) endorsement;(i) personal story;(j) digital replica; or(k) other identity-related material.The obligation applies where you lacked sufficient authority for the particular review, disclosure, Campaign use, public display, advertising use, synthetic use, or other use you requested or authorized.12.13 Brand and Creator Materials
If you provide or authorize the use of Brand Materials or Creator Content, you will indemnify the Provocative Media Parties from covered Third-Party Claims and Losses arising from your lack of authority concerning:(a) names and logos;(b) trademarks and service marks;(c) product images and packaging;(d) advertising claims;(e) photographs;(f) videos;(g) audio and music;(h) scripts;(i) posts and publications;(j) media kits;(k) analytics;(l) content supplied by contributors or guests;(m) Campaign Content; or(n) other protected materials.Rights and indemnification obligations concerning materials governed by a signed Campaign agreement will be determined by that agreement.12.14 Third-Party Platforms and Account Access
You will indemnify the Provocative Media Parties from covered Third-Party Claims and Losses arising from your:(a) material violation of an applicable Platform Rule;(b) provision of unauthorized Platform access;(c) provision of stolen or compromised account information;(d) instruction to bypass a Platform restriction;(e) use of unlawfully obtained Platform content;(f) unauthorized disclosure of Platform analytics;(g) violation of account permissions;(h) misrepresentation to a Platform;(i) unauthorized use of paid-advertising or whitelisting tools; or(j) another unauthorized act involving an External Service.You are not responsible under this Section to the extent the Platform violation is caused solely by Provocative Media’s independent conduct contrary to:(a) your lawful instructions;(b) an applicable Campaign agreement; and(c) the permissions actually granted.12.15 Communications and Solicitation
You will indemnify the Provocative Media Parties from covered Third-Party Claims and Losses arising from your use of the Website or information obtained through it to send or facilitate:(a) spam;(b) unlawful commercial email;(c) unauthorized automated messages;(d) unlawful telephone calls or text messages;(e) phishing;(f) impersonation;(g) deceptive marketing;(h) repeated unwanted communications;(i) unauthorized lead generation; or(j) another communication sent without sufficient authority or legal basis.This Section applies only to communications sent, directed, materially controlled, or authorized by you.12.16 Security and Technical Misuse
You will indemnify the Provocative Media Parties from covered Third-Party Claims and Losses arising from your:(a) unauthorized access;(b) attempted unauthorized access;(c) security testing without permission;(d) introduction of malicious code;(e) prohibited scraping or automation;(f) interference with Website operation;(g) credential misuse;(h) circumvention of access controls;(i) denial-of-service activity;(j) exploitation of a vulnerability;(k) unauthorized retention or disclosure of accessed information; or(l) other prohibited technical conduct.A good-faith security report based solely on information obtained through lawful and authorized access does not create indemnification merely because Provocative Media disagrees with the report.
12.17 Fraud, Impersonation, and Deceptive Conduct
You will indemnify the Provocative Media Parties from covered Third-Party Claims and Losses arising from your:(a) fraud or attempted fraud;(b) impersonation;(c) forged communication, signature, approval, or record;(d) deceptive inquiry;(e) false affiliation;(f) unauthorized use of Provocative Media Marks;(g) fabricated Campaign or opportunity;(h) misuse of confidential information;(i) interference with a relationship through unlawful means; or(j) other deceptive or unauthorized commercial conduct.This Section does not create a non-circumvention obligation broader than one established by applicable law or a separately executed agreement.12.18 Submissions Concerning Minors
An adult who validly submits information concerning a Minor will indemnify the Provocative Media Parties from covered Third-Party Claims and Losses arising from that adult’s:(a) knowing misrepresentation of the Minor’s age;(b) false claim of parental or guardianship authority;(c) failure to obtain a consent or authorization for which the adult was responsible;(d) unauthorized submission of the Minor’s information or content;(e) knowing failure to disclose that an opportunity involves a Minor;(f) misrepresentation concerning a permit, trust account, court approval, or other documentation; or(g) other material violation of the Minor-related representations made by that adult.This Section does not:(a) impose an indemnification obligation on a Child;(b) automatically impose an obligation on a Minor lacking contractual capacity;(c) transfer to the adult an obligation independently and nonwaivably imposed on Provocative Media; or(d) eliminate protections required by child-privacy, performer, employment, education, trust-account, or other applicable law.12.19 Independent Third-Party Relationships
You will indemnify the Provocative Media Parties from covered Third-Party Claims and Losses caused by a dispute between you and another person where the dispute arises from:(a) your independent transaction;(b) your representation or promise;(c) your failure to make a payment you owe;(d) your failure to perform an independent obligation;(e) your infringement or violation of another person’s rights;(f) your unauthorized conduct;(g) your misuse of an introduction; or(h) an obligation that Provocative Media did not expressly assume.Provocative Media’s introduction, coordination, attendance, or inclusion in communications does not make it responsible for another person’s independent obligations.This Section does not apply where Provocative Media is itself the contracting party or has expressly accepted responsibility under a binding agreement.12.20 Regulatory Matters and Direct Response Costs
If your covered conduct causes a Covered Proceeding or requires Provocative Media to respond directly, you will reimburse reasonable and documented costs incurred by Provocative Media to:(a) respond to a legally valid subpoena or governmental request;(b) respond to a Platform or provider investigation;(c) investigate material fraud, impersonation, or security misuse;(d) secure systems affected by your unauthorized conduct;(e) remove impersonating, malicious, or infringing material attributable to you;(f) restore data or systems damaged by your conduct;(g) provide a legally required notification directly caused by your unauthorized disclosure;(h) administer refunds or chargebacks legally required because of your fraud or misrepresentation; or(i) take another reasonable remedial action directly caused by your material violation.Direct reimbursement applies only where:(a) your covered conduct is established;(b) the expense was reasonably necessary;(c) the amount is reasonable and documented;(d) the expense is not duplicative; and(e) reimbursement is permitted by applicable law.This Section is compensatory and is not intended to impose a penalty.12.21 Fines, Penalties, Restitution, and Similar Amounts
A fine, civil penalty, assessment, restitution amount, refund, or chargeback is covered only to the extent:(a) applicable law permits indemnification;(b) it results from conduct for which you are responsible;(c) the amount was not imposed solely because of a Provocative Media Party’s independent conduct;(d) indemnification would not defeat the purpose of the applicable law; and(e) the amount is otherwise within the scope of this Article.You are not required to indemnify a Provocative Media Party for:(a) a criminal fine imposed personally on that party;(b) a punitive sanction imposed for that party’s own misconduct;(c) a penalty that the governing law prohibits another person from paying; or(d) a governmental amount attributable solely to that party’s violation.12.22 Provocative Media Conduct Excluded
You are not required to indemnify a Provocative Media Party to the extent a Claim or Loss is caused by that party’s:(a) fraud;(b) intentional misconduct;(c) willful violation of law;(d) unauthorized use of submitted material;(e) material breach of a binding agreement;(f) gross negligence or recklessness where responsibility may not lawfully be shifted;(g) negligence independently attributable to that party; or(h) other conduct for which indemnification is prohibited by applicable law.For clarity, this Article does not require you to indemnify a Provocative Media Party for that party’s own negligence.This exclusion does not eliminate your responsibility for the portion of the same Claim or Loss attributable to your covered conduct.12.23 Allocation of Responsibility
Where a Claim or Loss results from the combined conduct of:(a) you;(b) one or more Provocative Media Parties; and(c) one or more third parties,your indemnification obligation applies only to the portion reasonably attributable to:(a) your conduct;(b) your materials;(c) your instructions;(d) your representations;(e) your breach; or(f) another matter for which you are responsible under these Terms.Allocation may be determined through:(a) agreement;(b) a reasonable settlement allocation;(c) a final judgment;(d) arbitration;(e) applicable comparative-fault principles; or(f) another legally recognized method.Uncertainty concerning final allocation does not prevent reasonable interim defense arrangements, subject to later adjustment.12.24 Notice of a Claim
A Provocative Media Party seeking indemnification will provide reasonably prompt written notice after becoming aware of a Third-Party Claim or Covered Proceeding for which indemnification may be sought.The notice should reasonably identify:(a) the nature of the Claim;(b) the known allegations;(c) the materials or conduct involved;(d) any response deadline;(e) known defense activity; and(f) the requested indemnification or defense action.Failure to provide prompt notice will reduce or eliminate your obligation only to the extent the delay materially prejudices your ability to defend or resolve the Claim.Notice may be delivered electronically to the contact information associated with your Website inquiry or activity, unless another applicable agreement requires a different method.12.25 Tender and Duty to Defend
Where a Third-Party Claim alleges facts that, if proven, would establish a covered obligation, Provocative Media may tender the defense to you.After receiving a valid tender, you must:(a) acknowledge the tender within a reasonable period;(b) confirm whether you will assume the defense;(c) retain qualified counsel if a defense is assumed;(d) begin the defense sufficiently before any applicable deadline;(e) keep Provocative Media reasonably informed; and(f) conduct the defense diligently and in good faith.If you fail to assume and maintain an adequate defense within a reasonable period, Provocative Media may defend the Claim and seek reimbursement of reasonable covered defense costs.12.26 Selection of Counsel
Defense counsel retained to represent a Provocative Media Party must:(a) be properly licensed;(b) possess experience reasonably appropriate to the Claim;(c) be reasonably acceptable to the affected Provocative Media Party;(d) have no material conflict of interest;(e) protect applicable privileges and confidential information; and(f) be capable of protecting the affected party’s legal and business interests.Approval of proposed counsel will not be unreasonably withheld.One attorney may represent multiple parties only where:(a) joint representation is legally and ethically permitted;(b) no material conflict exists;(c) each represented party provides any required consent; and(d) the arrangement reasonably protects each party.12.27 Control and Participation in the Defense
Where you properly assume a covered defense, you may control the ordinary defense, subject to:(a) reasonable consultation with the affected Provocative Media Party;(b) the settlement restrictions in this Article;(c) preservation of applicable privileges;(d) compliance with legal and ethical obligations; and(e) protection against material conflicts of interest.The affected Provocative Media Party may participate using separate counsel at its own expense.You will pay reasonable separate-counsel expenses to the extent separate representation is reasonably necessary because:(a) a material conflict of interest exists;(b) the Claim seeks injunctive or equitable relief affecting Provocative Media;(c) the Claim involves criminal, regulatory, privacy, security, or governmental allegations;(d) the Claim includes substantial uncovered allegations that conflict with the covered defense;(e) you fail to defend adequately;(f) counsel selected by you cannot ethically represent the affected party; or(g) another circumstance makes separate representation reasonably necessary.12.28 Cooperation
You and the affected Provocative Media Party will provide reasonable cooperation in connection with a covered Claim.Your cooperation may include:(a) preserving relevant records;(b) providing accurate information;(c) producing relevant documents within your possession or control;(d) identifying witnesses;(e) assisting with factual investigation;(f) participating in proceedings where reasonably necessary;(g) avoiding actions that materially prejudice the defense; and(h) taking reasonable corrective measures.Provocative Media will not require cooperation that is:(a) materially unrelated to the Claim;(b) unnecessarily burdensome;(c) unlawful;(d) privileged without an appropriate protection; or(e) disproportionate to the matter.Nothing in this Section requires waiver of attorney-client privilege, work-product protection, or another legally protected privilege.12.29 Settlement of Covered Claims
You may not settle, compromise, admit liability, consent to judgment, or otherwise resolve a Claim affecting a Provocative Media Party without that party’s prior written consent where the proposed resolution:(a) requires payment by a Provocative Media Party;(b) imposes injunctive, operational, reporting, or compliance obligations;(c) contains an admission by a Provocative Media Party;(d) restricts Provocative Media’s business;(e) affects intellectual-property ownership or licensing;(f) requires disclosure of confidential information;(g) fails to provide a complete release of the affected Provocative Media Parties; or(h) otherwise materially affects their rights.Consent will not be unreasonably withheld where the proposed settlement:(a) is fully funded by you;(b) provides a complete and unconditional release;(c) imposes no admission or nonmonetary obligation on a Provocative Media Party;(d) does not impair intellectual-property or confidentiality rights; and(e) is otherwise reasonable.Provocative Media may settle a covered Claim without your consent where:(a) you decline or fail to defend;(b) immediate action is reasonably necessary;(c) you cannot be located after reasonable efforts;(d) a legal deadline makes consultation impracticable; or(e) a conflict prevents you from controlling the matter,provided that the settlement is reasonable, made in good faith, and within the scope of the covered obligation.12.30 Emergency and Protective Measures
Provocative Media may take reasonable immediate action without waiting for your approval where delay could materially increase:(a) security harm;(b) privacy harm;(c) legal exposure;(d) Platform or provider sanctions;(e) financial loss;(f) reputational harm arising from impersonation or fraud;(g) destruction or loss of evidence; or(h) harm to another person.Emergency action may include:(a) restricting access;(b) securing an account;(c) preserving records;(d) notifying a provider or Platform;(e) removing malicious or impersonating material;(f) retaining emergency counsel;(g) complying with an urgent legal directive; or(h) taking another proportionate protective measure.You are responsible only for reasonable covered costs attributable to your conduct.12.31 Fees Incurred Enforcing This Article
Reasonable attorneys’ fees and costs incurred defending an indemnified Third-Party Claim are included in covered Losses as provided in this Article.Fees and costs incurred by Provocative Media to establish or enforce your indemnification obligation are recoverable only where:(a) you materially fail to honor a valid obligation under this Article;(b) the enforcement expense is reasonable;(c) recovery is expressly permitted by this Section and applicable law; and(d) the amount is awarded by a court or arbitrator, or agreed in a settlement.Provocative Media may recover reasonable enforcement fees where it substantially prevails on a claim that you materially breached this Article.You are not responsible for fees attributable solely to:(a) an unsuccessful claim for indemnification;(b) an uncovered matter;(c) an unreasonable demand;(d) unnecessary duplication of counsel; or(e) conduct independently attributable to a Provocative Media Party.12.32 Protected Reviews, Complaints, and Disclosures
Nothing in this Article requires indemnification merely because you make an honest, lawful, and nonconfidential:(a) review;(b) criticism;(c) complaint;(d) statement of opinion;(e) report to a governmental or regulatory authority;(f) report to law enforcement;(g) communication with an attorney;(h) truthful court filing or testimony;(i) protected whistleblower disclosure;(j) legally protected trade-secret disclosure;(k) accessibility complaint;(l) privacy complaint; or(m) other communication protected by applicable law.This protection does not extend to:(a) fraud;(b) impersonation;(c) fabricated evidence;(d) knowingly false factual statements that are independently unlawful;(e) unlawful disclosure of private information;(f) extortion;(g) malicious code;(h) unauthorized access;(i) infringement; or(j) another independently unlawful act.No indemnification obligation will be interpreted as a penalty or fee imposed because an individual published an honest consumer review protected by applicable law.12.33 Infringement and Security Reports
You may be responsible for covered Claims and Losses caused by a report that you knowingly submit:(a) without authority;(b) under a false identity;(c) with a material factual misrepresentation;(d) with fabricated evidence;(e) for an abusive or fraudulent purpose; or(f) without any reasonable factual or legal basis.Nothing in this Section discourages a good-faith:(a) intellectual-property complaint;(b) security report;(c) privacy complaint;(d) Platform complaint; or(e) legal reportsupported by a reasonable factual and legal basis.An unsuccessful good-faith report does not create indemnification merely because Provocative Media or another person disputes it.
12.34 Organizational Users
If you use the Website on behalf of an organization and the organization is legally bound by these Terms, the organization accepts the indemnification obligations in this Article.An individual acting for an organization remains personally responsible to the extent permitted by law for that individual’s own:(a) fraud;(b) impersonation;(c) unauthorized conduct;(d) knowingly false representation of authority;(e) intentional infringement; or(f) other conduct creating personal liability.Nothing in this Article:(a) binds an organization that did not legally assent;(b) establishes that an individual possessed authority;(c) automatically imposes an organization’s obligations on an authorized employee personally; or(d) eliminates limited-liability protections recognized by applicable law.12.35 Insurance, Contribution, and Other Sources
Provocative Media is not required to seek recovery from insurance, a provider, another indemnitor, or another responsible person before enforcing a valid indemnification obligation.Where insurance or another person pays a covered Loss:(a) no double recovery is permitted;(b) applicable subrogation rights may arise;(c) contribution rights may apply;(d) deductibles and uncovered amounts may remain recoverable; and(e) responsibility will be allocated as required by applicable law and the applicable agreements.You must not take an action intended to materially prejudice insurance coverage potentially applicable to a covered Claim.Nothing in this Section requires you to purchase insurance unless another binding agreement expressly requires it.12.36 No Double Recovery
The Provocative Media Parties may not recover more than once for the same Loss.Amounts actually recovered for the same Loss from:(a) an insurer;(b) another indemnitor;(c) a responsible third party;(d) a settlement;(e) a judgment; or(f) another sourcewill reduce the amount recoverable from you to the extent necessary to prevent duplicative recovery.Recovery for separate and independently established Losses is not prohibited.12.37 Relationship to the Limitation of Liability
Your obligations under this Article are separate from the limitations applicable to claims you may assert against the Provocative Media Parties.The Website liability cap in Article 11 does not limit:(a) covered Third-Party Claims;(b) covered defense expenses;(c) covered direct remediation expenses;(d) amounts arising from your fraud or intentional misconduct;(e) amounts resulting from infringement or unauthorized disclosure; or(f) another indemnification obligation under this Article,except to the extent applicable law requires a different result.This Section does not expand indemnification beyond the scope, causation, allocation, and procedural requirements of this Article.12.38 Separate Commercial Agreements
This Article governs Website use, Website submissions, and preliminary Website-related interactions.A separate agreement may contain different or additional indemnification provisions concerning:(a) Brand Services;(b) Creator representation;(c) Campaigns;(d) Deliverables;(e) advertising claims;(f) intellectual property;(g) privacy and security;(h) Platforms;(i) vendors and contractors;(j) referrals;(k) paid advertising and whitelisting; or(l) another commercial relationship.Campaign and commercial indemnification may be governed by the applicable:(a) Brand Services Agreement;(b) Brand Statement of Work;(c) Brand Change Order;(d) Creator Sponsorship Representation Agreement;(e) Creator Campaign Addendum;(f) Creator Campaign Amendment;(g) vendor or contractor agreement; or(h) other binding agreement.Where a binding separate agreement expressly conflicts with this Article, the separate agreement will control the relationship, Claim, and subject matter it expressly governs.12.39 No Indemnification Prohibited by Law
Nothing in this Article:(a) requires indemnification prohibited by applicable law;(b) transfers liability that applicable law does not permit the parties to transfer;(c) requires payment of a legally nonindemnifiable fine or penalty;(d) waives a defense that cannot lawfully be waived;(e) penalizes protected reviews, complaints, reporting, testimony, or whistleblowing;(f) indemnifies a Provocative Media Party for its own negligence;(g) eliminates responsibility independently imposed on Provocative Media;(h) creates contractual capacity in a Child or Minor who lacks it; or(i) limits a nonwaivable statutory right.If a provision is unenforceable in a particular circumstance, it will apply only to the maximum extent permitted by law.12.40 Independent Operation and Severability
The indemnification obligation, duty to defend, direct reimbursement obligation, enforcement-fee provision, allocation provision, and settlement procedures are intended to operate independently.If one provision is invalid or unenforceable:(a) it will be limited to the maximum lawful scope;(b) it will be modified only to the minimum extent necessary;(c) it may be severed where modification is unavailable; and(d) the remaining provisions will continue in effect.The invalidity of indemnification for one category of Claim does not automatically invalidate indemnification for another covered category.12.41 No Expansion of Underlying Liability
Nothing in this Article creates liability to a third party that would not otherwise exist.This Article allocates responsibility between you and the Provocative Media Parties for covered Claims and Losses.It does not:(a) admit the validity of a third-party allegation;(b) waive a defense to the underlying Claim;(c) establish that a third party is entitled to recover;(d) expand a statute or cause of action;(e) create a fiduciary relationship;(f) create a duty to an unrelated person; or(g) create a private right of action not otherwise recognized by law.12.42 Intended Beneficiaries
The Provocative Media Parties identified in Section 12.2 are intended beneficiaries of this Article only to the extent expressly stated.An eligible Provocative Media Party may enforce this Article regarding a Claim arising from:(a) its authorized work for Provocative Media;(b) its legally protected interest;(c) your covered conduct; and(d) a matter within the stated scope of indemnification.A person may not use this Article to avoid:(a) its own independent contractual obligation;(b) its own unauthorized conduct;(c) conduct outside its authorized role;(d) liability independently imposed on it by law; or(e) another obligation not covered by this Article.12.43 Survival
This Article survives:(a) suspension or termination of Website access;(b) withdrawal, rejection, or closure of an inquiry;(c) deletion or removal of Submitted Materials;(d) discontinuation of the Website;(e) completion of preliminary communications;(f) expiration or termination of these Terms; and(g) another end of the Website relationship.The Article applies only to Claims and Losses based on conduct, materials, representations, instructions, or events occurring while the applicable obligations were in effect.Termination of Website access does not cause this Article to govern a separate commercial agreement containing controlling indemnification provisions.
13. PRIVACY AND ELECTRONIC COMMUNICATIONS
13.1 Scope of This Article
This Article governs:(a) the relationship between these Terms and the Privacy Policy;(b) inquiry-related communications;(c) promotional communications;(d) email, telephone, and text-message practices;(e) electronic records and signatures;(f) electronic contracting procedures;(g) recordings and automated transcription;(h) communication security;(i) privacy and security requests;(j) formal notices; and(k) related electronic-communication matters.This Article applies only to the extent permitted by applicable law and any controlling separate agreement.13.2 Privacy Policy as a Separate Notice
Provocative Media’s Privacy Policy describes how personal information may be collected, used, disclosed, retained, secured, transferred, and otherwise processed in connection with:(a) the Website;(b) Website forms;(c) inquiries and communications;(d) potential and existing business relationships;(e) Submitted Materials and User-Submitted Materials;(f) public profiles and external sources;(g) Campaign administration; and(h) related online and offline business activities.The Privacy Policy is provided as a separate privacy notice.It is not incorporated wholesale into these Terms as a contractual promise unless a specific provision is expressly incorporated into a binding separate agreement.By using the Website or submitting an inquiry, you acknowledge that the Privacy Policy has been made available to you. Acknowledgment of the Privacy Policy is not the same as agreement to waive a privacy right.13.3 Relationship Between These Terms and the Privacy Policy
These Terms govern:(a) Website access and use;(b) user conduct;(c) intellectual-property rights;(d) Website submissions;(e) disclaimers;(f) limitations of liability;(g) indemnification; and(h) other contractual matters.The Privacy Policy governs Provocative Media’s public description of its processing of personal information.If these Terms conflict with the Privacy Policy concerning:(a) collection;(b) use;(c) disclosure;(d) retention;(e) security;(f) international transfer;(g) privacy choices; or(h) privacy rightsconcerning personal information, the Privacy Policy and applicable law will control that issue.This order-of-precedence provision does not convert every statement in the Privacy Policy into a contractual warranty.13.4 Separate Privacy and Security Agreements
A separate agreement may establish additional or more specific requirements concerning:(a) confidentiality;(b) data processing;(c) information security;(d) international transfers;(e) incident response;(f) retention;(g) deletion;(h) return of information;(i) Campaign data;(j) service-provider obligations; or(k) other information-handling matters.A separate agreement may impose protections exceeding those described in the Privacy Policy.A separate agreement does not:(a) eliminate a nonwaivable privacy right;(b) authorize unlawful processing;(c) make an inaccurate public privacy statement lawful; or(d) reduce a protection that applicable law does not permit the parties to reduce.13.5 Inquiry-Related Communications
When you submit an inquiry or otherwise request communication from Provocative Media, you authorize Provocative Media to use the contact information you provide for individualized communications reasonably related to:(a) confirming receipt of the inquiry;(b) reviewing the inquiry;(c) requesting additional information;(d) confirming identity or authority;(e) scheduling;(f) evaluating a potential business relationship;(g) discussing sponsorships, partnerships, or Campaign opportunities related to the inquiry;(h) providing proposals or preliminary terms;(i) sending agreements or electronic-signature requests;(j) administering an active relationship or Campaign;(k) addressing privacy, security, accessibility, fraud, or compliance matters; and(l) completing another reasonably related business purpose.This authorization does not require Provocative Media to:(a) respond;(b) continue communicating;(c) continue evaluating the inquiry;(d) provide Services; or(e) enter into an agreement.13.6 No Automatic Enrollment in Unrelated Marketing
Submitting a Website inquiry, email address, telephone number, or other contact information does not automatically enroll you in:(a) an unrelated newsletter;(b) a recurring promotional-email program;(c) an automated promotional-text program;(d) an automated telephone-marketing program;(e) a third-party marketing list; or(f) another unrelated recurring promotional program.Provocative Media may request separate enrollment or consent where required by:(a) applicable law;(b) the communication technology used;(c) the nature of the message;(d) the recipient’s jurisdiction; or(e) Provocative Media’s chosen enrollment process.Nothing in this Section represents that prior opt-in is legally required for every form of commercial email.13.7 Communication Methods
Provocative Media may communicate through methods including:(a) email;(b) Website notices;(c) form confirmations;(d) electronic documents;(e) electronic-signature requests;(f) calendar invitations;(g) telephone calls;(h) text messages where authorized;(i) video-conference invitations;(j) secure document portals;(k) Platform messages where agreed;(l) file-sharing systems; and(m) other appropriate electronic methods.The communication method may vary based on:(a) the subject matter;(b) available contact information;(c) security;(d) sensitivity;(e) urgency;(f) applicable law;(g) the applicable agreement; and(h) operational requirements.13.8 Transactional and Relationship Communications
Provocative Media may send communications reasonably necessary to:(a) respond to an inquiry;(b) provide requested information;(c) negotiate or administer an agreement;(d) coordinate a Campaign;(e) manage Deliverables, revisions, approvals, or publication;(f) communicate about usage rights, paid advertising, whitelisting, or exclusivity;(g) send invoices or payment information;(h) administer tax documentation;(i) provide security, fraud, privacy, or compliance notices;(j) communicate about a dispute or contractual issue;(k) provide information concerning an active relationship; or(l) complete a requested transaction.These communications may continue after you opt out of unrelated promotional communications.Provocative Media will not characterize a primarily promotional message as transactional merely to avoid an applicable marketing requirement.13.9 Promotional Email
Where permitted by applicable law, Provocative Media may send promotional or informational business email concerning:(a) its Services;(b) sponsorship opportunities;(c) partnership opportunities;(d) Creator or Brand opportunities;(e) company developments;(f) events;(g) publications or resources;(h) relevant Website features; or(i) related business matters.Promotional email will be sent only in a manner consistent with:(a) applicable law;(b) applicable consent or permission requirements;(c) the recipient’s communication preferences;(d) prior opt-out requests; and(e) any controlling agreement.A prior inquiry may support communications reasonably related to that inquiry but does not create unlimited permission for unrelated recurring marketing.13.10 Commercial Email Requirements
Where applicable, commercial email sent by or on behalf of Provocative Media will:(a) use accurate sender and routing information;(b) use a subject line that is not materially deceptive;(c) accurately identify the responsible sender;(d) identify the commercial nature of the message where required;(e) include a valid physical postal address where required;(f) include a clear and functioning method for opting out;(g) avoid disguising the origin of the communication; and(h) otherwise comply with applicable commercial-email requirements.Provocative Media may use a communications provider or contractor to send email on its behalf.Use of a provider does not automatically eliminate Provocative Media’s responsibility for email that it authorizes or controls.13.11 Promotional-Email Opt-Outs
You may request that Provocative Media stop sending promotional email by:(a) using the unsubscribe method included in the message;(b) replying with a clear opt-out request where reply-based opt-outs are supported; or(c) contacting [email protected].A valid email opt-out request will be honored within 10 business days or any shorter period required by applicable law.Provocative Media will not require you to:(a) pay a fee;(b) provide personal information beyond what is reasonably necessary to identify the affected email address;(c) create an account; or(d) take unnecessary stepsto complete a valid promotional-email opt-out.An email opt-out mechanism will remain capable of receiving requests for at least the period required by applicable law.13.12 Effect of a Promotional Opt-Out
A promotional opt-out does not prohibit Provocative Media from sending:(a) responses to communications you initiate;(b) information you request;(c) agreement-related communications;(d) Campaign communications;(e) payment, billing, or tax communications;(f) privacy or security notices;(g) fraud-prevention communications;(h) legal or compliance communications;(i) communications necessary to complete a transaction; or(j) other nonpromotional communications reasonably necessary to administer an existing relationship.Provocative Media may maintain limited suppression information to prevent an opted-out address from being unintentionally restored to a promotional list.Suppression information will not be used to resume promotional communications.13.13 Individualized Telephone and Text Communications
If you voluntarily provide a telephone number, Provocative Media may use it for individualized communications reasonably related to:(a) your inquiry;(b) scheduling;(c) a proposed or active Campaign;(d) an agreement;(e) payment or administration;(f) a requested response;(g) fraud or security verification; or(h) another purpose disclosed when the number is collected.Providing a telephone number through a general inquiry form does not constitute unlimited consent to receive:(a) recurring promotional calls;(b) recurring promotional text messages;(c) mass marketing;(d) calls using an artificial or prerecorded voice;(e) calls using an AI-generated voice;(f) autodialed marketing communications; or(g) another category of communication requiring additional consent.13.14 Automated and Prerecorded Marketing Communications
Before using an automated system, artificial or prerecorded voice, AI-generated voice, or recurring text-messaging system for promotional communications, Provocative Media will obtain any consent required by applicable law.Where required, the consent process will:(a) clearly identify Provocative Media or the applicable seller;(b) describe the types of communications authorized;(c) identify the telephone number covered;(d) disclose the use of automated, prerecorded, artificial-voice, or text technology;(e) state that consent is not a condition of purchasing Services where legally required;(f) obtain the recipient’s legally sufficient agreement; and(g) create an appropriate consent record.General acceptance of these Terms does not, by itself, constitute consent to every future automated promotional call or text.13.15 Revocation of Call or Text Consent
Where applicable law permits revocation, you may revoke consent to covered automated or prerecorded calls or text messages through a reasonable method recognized by applicable law.A revocation method may include:(a) replying STOP to a text message;(b) making a clear oral request during a call;(c) using an identified opt-out mechanism;(d) contacting [email protected]; or(e) using another reasonable method appropriate to the communication.Provocative Media will honor a valid revocation within the period required by applicable law.Where permitted, Provocative Media may send one nonpromotional message confirming the revocation or clarifying its scope.Revocation of marketing consent does not prevent communications independently permitted or required by law.13.16 Communication Preferences
You may request a reasonable change to your communication preferences.A request may concern:(a) the preferred email address;(b) the preferred telephone number;(c) email rather than telephone communication;(d) removal from promotional communications;(e) inclusion or removal of an authorized representative;(f) accessibility-related communication needs; or(g) another reasonable preference.Provocative Media is not required to use a method that is:(a) unavailable;(b) materially insecure;(c) legally insufficient;(d) operationally impracticable;(e) inconsistent with a controlling agreement; or(f) incapable of providing required information.Where appropriate, Provocative Media may offer a reasonable alternative method.13.17 Accurate Contact Information
During an active inquiry or business relationship, you should provide and maintain reasonably accurate contact information.You should notify Provocative Media if:(a) your email address changes;(b) your telephone number changes;(c) a contact method becomes compromised;(d) you no longer represent an organization;(e) a representative’s authority changes;(f) another person should be included in or removed from communications; or(g) a communication method is no longer authorized.Provocative Media may reasonably rely on the most recent contact information and instructions provided to it, subject to applicable verification and security requirements.
13.18 Direction of Communications and Receipt
A communication sent to the contact information you provided may be treated as properly directed to that destination unless Provocative Media has received reasonable notice that the information is:(a) inaccurate;(b) compromised;(c) reassigned;(d) no longer monitored; or(e) no longer authorized.Proper direction does not necessarily establish:(a) actual receipt;(b) actual review;(c) acceptance;(d) contractual notice;(e) legal notice; or(f) service of process.The legal effect of a communication will depend on the applicable agreement, law, delivery method, and circumstances.13.19 Delivery Failures
Electronic communications may be delayed, blocked, filtered, rejected, misdirected, corrupted, or lost because of:(a) spam filters;(b) security systems;(c) full mailboxes;(d) inactive addresses;(e) provider outages;(f) network interruptions;(g) attachment restrictions;(h) domain-authentication settings;(i) user-created rules;(j) telephone-carrier filtering; or(k) other technical conditions.During an active relationship, you should reasonably review relevant spam, junk, and quarantine folders.Provocative Media does not guarantee delivery, receipt, review, or permanent preservation of every ordinary electronic communication.This Section does not invalidate a communication that Provocative Media actually receives and is legally or contractually required to process.13.20 Security of Electronic Communications
Email, Website forms, telephone calls, text messages, file-sharing services, and other electronic communications may involve privacy and security risks.You should not submit through a general Website form, text message, or ordinary email:(a) passwords;(b) multifactor-authentication codes;(c) recovery codes;(d) session tokens;(e) Social Security numbers;(f) complete financial-account information;(g) complete payment-card information;(h) online-banking credentials;(i) unrestricted Platform credentials;(j) medical records; or(k) other unnecessary highly sensitive information.Provocative Media may designate a more appropriate process for:(a) payments;(b) tax information;(c) identity verification;(d) account permissions;(e) confidential documents; or(f) similarly sensitive information.13.21 Suspicious Communications and Impersonation
You should independently verify an unexpected communication that:(a) requests a password or authentication code;(b) changes payment instructions;(c) requests payment to an unfamiliar recipient;(d) demands urgent disclosure of sensitive information;(e) uses an unfamiliar domain or contact method;(f) contains suspicious links or attachments;(g) claims unusual authority;(h) requests unrestricted account access; or(i) is materially inconsistent with prior communications.Suspected phishing, impersonation, fraudulent payment instructions, or unauthorized communications involving Provocative Media may be reported to [email protected].13.22 Payment-Instruction Changes
You should not rely solely on an unexpected electronic communication purporting to change:(a) bank-account information;(b) wire instructions;(c) the payment recipient;(d) the payment Platform;(e) the payment mailing address; or(f) another material payment instruction.Provocative Media may require independent confirmation through a previously established communication method before a material payment-instruction change becomes effective.Provocative Media will not knowingly rely on this provision to excuse its own failure to follow a verification procedure expressly required by an agreement or applicable law.13.23 Communication Analytics and Tracking
Provocative Media or its communications providers may use limited technical information associated with electronic communications, such as:(a) delivery status;(b) bounce information;(c) message-opening information;(d) link-interaction information;(e) device or browser information;(f) timestamps; or(g) similar communication analytics.Any such practices must be accurately described in the Privacy Policy where applicable.Provocative Media will provide any notice, consent, opt-out, or other control required by applicable law.Nothing in this Section represents that Provocative Media currently uses every form of communication tracking described above.13.24 Electronic Records
Provocative Media and another party may use electronic records to document:(a) Website submissions;(b) communications;(c) proposals;(d) approvals;(e) instructions;(f) agreements;(g) signatures;(h) Campaign activity;(i) privacy requests;(j) communication preferences; and(k) other business transactions.An electronic record will not be denied legal effect solely because it is electronic where:(a) applicable law recognizes the record;(b) the parties intended the relevant legal effect;(c) legally sufficient agreement or authorization exists;(d) applicable formalities have been satisfied; and(e) no applicable exception requires another format.13.25 Agreement to Conduct Transactions Electronically
Provocative Media and another party may agree to conduct all or part of a transaction electronically.Agreement may be established through:(a) use of an electronic-signature Platform;(b) an affirmative acceptance checkbox or button;(c) an express email agreement;(d) completion of an electronic contracting process;(e) use of a mutually accepted electronic method; or(f) other conduct legally demonstrating agreement.Whether the parties agreed to conduct a transaction electronically depends on:(a) the context;(b) the surrounding circumstances;(c) the applicable agreement;(d) the parties’ conduct; and(e) applicable law.Acceptance of these Website Terms does not require every future transaction to be conducted electronically.13.26 Consumer Electronic Disclosures
Where applicable law requires information to be provided to a consumer in writing and Provocative Media seeks to provide that information electronically, Provocative Media will use any separate consent process required by law.Where required, that process may disclose:(a) whether the consent applies to one transaction or categories of records;(b) whether paper records remain available;(c) how to request a paper copy;(d) whether a permitted fee applies;(e) how to withdraw electronic consent;(f) the consequences of withdrawal;(g) how to update contact information;(h) the hardware and software requirements for access and retention; and(i) procedures applicable if those requirements materially change.Where required, electronic consent must reasonably demonstrate that the consumer can access the relevant electronic format.General acceptance of these Terms is not a substitute for a transaction-specific consumer electronic-disclosure process where one is legally required.13.27 Electronic Signatures
An electronic sound, symbol, or process associated with a record may constitute an electronic signature where:(a) the signer intended to sign or approve the record;(b) the signature is attributable to the signer;(c) the signer possessed sufficient authority;(d) the parties intended the record to have legal effect;(e) applicable consent and authentication procedures were satisfied; and(f) applicable law recognizes the transaction.Provocative Media may require:(a) a designated signature Platform;(b) multifactor verification;(c) email verification;(d) identity verification;(e) organizational-authority confirmation;(f) a specific signature format; or(g) another reasonable authentication process.13.28 No Automatic Binding Effect From Every Electronic Action
A typed name, email response, text message, form submission, calendar response, button selection, electronic initial, or similar action does not automatically create a binding contract in every circumstance.Its legal effect may depend on:(a) the communication’s content;(b) the parties’ intent;(c) the definiteness of material terms;(d) the sender’s authority;(e) the applicable agreement;(f) required approvals;(g) authentication;(h) stated conditions; and(i) applicable law.Provocative Media may identify a communication, draft, estimate, proposal, or action as preliminary or nonbinding.13.29 Drafts and Preliminary Communications
An electronic draft, proposal, term sheet, estimate, Campaign concept, Creator roster, pricing discussion, or other preliminary communication is not necessarily binding.Factors indicating that a communication remains preliminary may include:(a) a draft or nonbinding label;(b) unresolved material terms;(c) a stated requirement for signatures;(d) a stated requirement for additional approval;(e) a due-diligence condition;(f) a payment condition;(g) a reference to future definitive documentation; or(h) another unfulfilled condition.Transmission of a preliminary document does not, by itself, constitute:(a) acceptance;(b) final approval;(c) an electronic signature;(d) reservation of availability;(e) commencement of Services; or(f) waiver of unresolved terms.13.30 Authorized Senders and Representatives
You are responsible for using reasonable measures to protect your:(a) email accounts;(b) telephone accounts;(c) devices;(d) electronic-signature credentials;(e) organizational communication systems; and(f) other communication credentials.Provocative Media may reasonably rely on an electronic instruction that appears to come from an authorized person unless:(a) Provocative Media knows the instruction is unauthorized;(b) the communication contains material indicators of fraud or error;(c) the action is inconsistent with prior verified instructions;(d) the action involves a material payment or security change requiring confirmation;(e) a controlling agreement requires additional verification; or(f) applicable law requires another process.Provocative Media may request identity or authority confirmation before acting.13.31 Electronic-Signature and Document Platforms
Provocative Media may use an electronic-signature, contract-management, or document-delivery provider to:(a) deliver documents;(b) obtain signatures or initials;(c) authenticate access;(d) record approvals;(e) maintain audit trails;(f) record timestamps and technical information; and(g) preserve transaction records.The provider may process information as described in the Privacy Policy and its applicable privacy notice.Use of a provider does not, by itself:(a) establish intent to sign;(b) establish authority;(c) resolve whether material terms are sufficiently definite;(d) create an agreement where no agreement was intended; or(e) determine the admissibility or legal weight of every record.13.32 Copies and Retention of Electronic Records
You should download or retain copies of electronic agreements, approvals, notices, and records important to you.Provocative Media may retain electronic records according to:(a) the Privacy Policy;(b) applicable agreements;(c) legal, tax, accounting, insurance, and regulatory requirements;(d) security and fraud-prevention needs;(e) dispute and legal-claim requirements; and(f) legitimate business-recordkeeping practices.Provocative Media is not required to provide indefinite online access to an electronic record unless required by:(a) applicable law;(b) a binding agreement; or(c) an applicable electronic-disclosure process.
13.33 Paper Copies and Alternative Formats
Where required by law or expressly agreed, you may request a paper copy or alternative accessible format of an electronic record.Provocative Media may:(a) provide a downloadable electronic copy;(b) provide a paper copy;(c) require reasonable identity or authority verification;(d) charge a permitted fee disclosed in advance where applicable; or(e) provide another reasonable format.Provocative Media will not charge a fee where applicable law prohibits it.Requesting a paper copy does not invalidate an electronic record that was otherwise legally effective.13.34 Withdrawal From Electronic Transactions
Where applicable law or an agreement permits withdrawal of consent to transact electronically, you may submit a withdrawal request through the method identified in the applicable process.Withdrawal:(a) ordinarily applies prospectively;(b) does not invalidate records or signatures created before withdrawal;(c) may delay or prevent completion of a transaction;(d) may require use of another available process;(e) does not terminate an existing agreement unless the agreement provides otherwise; and(f) will not result in an undisclosed fee or consequence where applicable law prohibits it.Provocative Media is not required to offer a paper process where no law or agreement requires one.13.35 Hardware and Software Requirements
Electronic communications and records may require:(a) a functioning email account;(b) Internet access;(c) a reasonably current browser;(d) software capable of displaying the applicable document format;(e) a device capable of storing, downloading, or printing records; and(f) other technology identified during the applicable process.Generic requirements stated in these Terms do not replace specific hardware and software disclosures required for a particular consumer electronic-record process.If a legally material requirement changes, Provocative Media will provide any updated disclosure and renewed consent required by applicable law.13.36 Call, Meeting, and Video Recordings
Provocative Media will not intentionally record a telephone call, video conference, or live meeting unless:(a) notice is provided before or at the beginning of recording;(b) the recording is reasonably related to a legitimate purpose;(c) consent is obtained from all participants where required;(d) the recording method complies with applicable law; and(e) the recording is handled according to the Privacy Policy and any applicable agreement.Because recording laws vary by jurisdiction, Provocative Media may require affirmative consent from every participant before recording begins.Acceptance of these Terms does not constitute blanket advance consent to the recording of every future communication.If a participant does not consent, Provocative Media may:(a) proceed without recording;(b) use written notes;(c) offer another communication method; or(d) decline or reschedule the communication where recording is reasonably necessary.13.37 Recording by Other Participants
You must not intentionally record or transcribe a communication involving Provocative Media without:(a) notifying the participants;(b) obtaining all consent required by applicable law;(c) complying with applicable confidentiality obligations; and(d) complying with any controlling agreement.Nothing in this Section prohibits a recording or disclosure that applicable law affirmatively protects and does not permit the parties to restrict.13.38 Automated Transcription and Meeting-Support Tools
Where disclosed and legally permitted, Provocative Media may use an automated transcription, note-taking, scheduling, or meeting-support tool.Such a tool may process:(a) participant names;(b) contact information;(c) audio or video;(d) meeting content;(e) transcripts;(f) summaries;(g) timestamps; and(h) technical information.Use of such a tool is subject to:(a) legally required notice and consent;(b) the Privacy Policy;(c) applicable provider terms;(d) an applicable confidentiality agreement; and(e) applicable law.Use of a transcription tool does not authorize:(a) general-purpose model training on confidential meeting content;(b) voice cloning;(c) creation of a digital replica;(d) biometric identification unrelated to the authorized purpose; or(e) synthetic-media creationunless separately and expressly authorized.Nothing in this Section represents that Provocative Media currently records or automatically transcribes every communication.13.39 Confidentiality of Electronic Communications
Electronic communication with Provocative Media does not automatically create:(a) an attorney-client privilege;(b) another professional privilege;(c) a fiduciary duty;(d) a nondisclosure agreement; or(e) another confidential relationship.Confidentiality may arise from:(a) applicable law;(b) a written nondisclosure agreement;(c) a commercial agreement;(d) the context of specifically requested information;(e) professional obligations; or(f) another legally recognized basis.Sensitive confidential information should not be transmitted before an appropriate purpose, recipient, protection, and communication method have been established.13.40 Communications Involving Multiple Recipients
If you intentionally include another person in an email, message, meeting, or other communication, Provocative Media may reasonably treat that person as authorized to participate in the subject matter apparent from that communication.You remain responsible for taking reasonable care that:(a) the recipient is appropriate;(b) the contact information is accurate;(c) the recipient is authorized;(d) disclosure to the recipient does not violate an obligation applicable to you; and(e) unnecessary personal or confidential information is not disclosed.Provocative Media may require additional confirmation before:(a) disclosing sensitive information;(b) accepting a material instruction;(c) changing payment information;(d) amending an agreement;(e) granting account access; or(f) taking another material action.13.41 Communications With Organizational Representatives
Provocative Media may communicate with employees, officers, managers, attorneys, agents, producers, representatives, or other persons who reasonably appear authorized to act for an organization.Provocative Media may request confirmation of authority before:(a) executing an agreement;(b) changing payment instructions;(c) disclosing sensitive or confidential information;(d) approving a material Campaign change;(e) granting Platform permissions;(f) terminating a relationship; or(g) taking another material action.Apparent participation in an email thread does not automatically establish authority to bind an organization.13.42 Communications Concerning Minor Creators
Communications concerning a Creator under eighteen may require participation by a Parent or legal guardian.Provocative Media may require a Parent or guardian to participate in material communications concerning:(a) proposed Campaigns;(b) compensation;(c) Deliverables;(d) usage rights;(e) paid advertising or whitelisting;(f) exclusivity;(g) travel or appearances;(h) payment;(i) agreements;(j) privacy matters; and(k) disputes.Provocative Media may decline to conduct material negotiations solely and privately with a Minor.Parental participation does not, by itself, establish that every permit, court approval, trust-account requirement, capacity requirement, or other legal condition has been satisfied.13.43 Privacy Requests
Privacy questions, requests, complaints, and appeals may be submitted to:[email protected]Available rights may include, where applicable:(a) access;(b) correction;(c) deletion;(d) a copy or portability of personal information;(e) withdrawal of consent;(f) objection or restriction;(g) marketing preferences;(h) sale, sharing, targeted-advertising, or profiling choices;(i) limitation of certain sensitive-information uses;(j) authorized-agent requests;(k) appeals; and(l) other rights described in the Privacy Policy.Provocative Media may request information reasonably necessary to:(a) identify the requester;(b) locate responsive records;(c) verify identity where verification is permitted or required;(d) verify an authorized agent’s authority; or(e) prevent fraudulent requests.Provocative Media will not require verification for an opt-out request beyond what applicable law permits.A subject line is helpful but is not required for a request to be valid.13.44 Security, Impersonation, and Fraud Reports
Suspected:(a) phishing;(b) impersonation;(c) fraudulent payment instructions;(d) unauthorized disclosure;(e) account compromise;(f) malicious links;(g) misuse of Provocative Media’s identity; or(h) another security concernmay be reported to [email protected].A report should provide information reasonably necessary to investigate the concern but should not include:(a) passwords;(b) authentication codes;(c) recovery codes;(d) unrestricted credentials;(e) unnecessary government identification; or(f) other unnecessary sensitive information.Submitting a report does not authorize security testing, exploitation, or unauthorized access.13.45 Formal Legal and Contractual Notices
A Website form, social-media message, text message, or email to a general company inbox does not necessarily constitute:(a) formal legal notice;(b) contractual notice;(c) service of process;(d) commencement of a contractual dispute procedure;(e) notice of termination;(f) notice of breach;(g) an indemnification demand; or(h) another legally operative notice.Formal notices must be delivered according to:(a) the applicable agreement;(b) an authorized recipient or address;(c) a legally required method; and(d) applicable procedural requirements.Nothing in these Terms authorizes electronic service of process unless Provocative Media expressly agrees or applicable law provides otherwise.This Section does not invalidate:(a) a privacy request sent to the designated privacy address;(b) a valid marketing opt-out;(c) a security report;(d) an accessibility request; or(e) another communication validly submitted through a method designated for that purpose.13.46 Website Notices
Provocative Media may post general operational, privacy, legal, or Service-related notices on the Website.A Website notice may concern:(a) Website changes;(b) changes to these Terms;(c) changes to the Privacy Policy;(d) Service interruptions;(e) security information;(f) new contact methods;(g) provider changes; or(h) other general matters.Posting a Website notice does not replace:(a) direct notice;(b) affirmative consent;(c) renewed electronic consent;(d) contractual notice; or(e) another procedurewhere applicable law or a binding agreement requires that additional process.
13.47 Changes to Communication Practices
Provocative Media may revise its communication methods as its Website, Services, providers, and operations change.If Provocative Media materially expands its use of:(a) promotional email;(b) automated text messaging;(c) automated or prerecorded calls;(d) communication tracking;(e) meeting recording or transcription;(f) electronic-signature systems;(g) artificial-intelligence-supported communication tools; or(h) another communication technology,it may update:(a) these Terms;(b) the Privacy Policy;(c) notices at collection;(d) consent language;(e) opt-out methods;(f) provider agreements; and(g) related procedures.A revised policy or Terms provision does not retroactively supply consent where separate prospective consent is legally required.13.48 Response Times
Electronic communications are not monitored as emergency services.Provocative Media does not guarantee an immediate response to:(a) general business inquiries;(b) proposals;(c) Campaign requests;(d) security reports;(e) accessibility questions;(f) legal questions; or(g) other electronic messages.Response times may depend on:(a) the nature of the communication;(b) urgency;(c) complexity;(d) verification;(e) available information;(f) contractual requirements; and(g) applicable legal deadlines.This Section does not extend or eliminate a response period imposed by applicable law or a binding agreement.13.49 Electronic Records as Evidence
Provocative Media may maintain records of:(a) Website submissions;(b) emails and messages;(c) electronic-signature activity;(d) approvals;(e) instructions;(f) consent records;(g) opt-out records;(h) timestamps;(i) delivery and access information;(j) privacy requests;(k) communication preferences; and(l) related technical information.Those records may be used for:(a) business administration;(b) Campaign administration;(c) compliance;(d) fraud prevention;(e) security;(f) dispute resolution;(g) contract enforcement; and(h) legal proceedings.A record is not automatically conclusive merely because Provocative Media maintains it.The record’s authenticity, attribution, admissibility, weight, and legal effect remain subject to applicable law and the relevant circumstances.13.50 Effect of Separate Agreements
A separate agreement may establish more specific requirements concerning:(a) authorized communications;(b) contractual notices;(c) electronic signatures;(d) approvals;(e) Campaign instructions;(f) confidentiality;(g) recording;(h) information security;(i) document retention;(j) communication with Brands or Creators;(k) payment verification; or(l) other communication procedures.Where a binding separate agreement expressly conflicts with this Article, the separate agreement will control the relationship and subject matter it expressly governs.A separate agreement does not authorize conduct prohibited by applicable law or waive a nonwaivable right.13.51 Nonwaivable Rights
Nothing in this Article:(a) requires acceptance of electronic records where applicable law provides a right to decline;(b) treats silence as consent where affirmative consent is required;(c) treats general Website acceptance as blanket telemarketing consent;(d) treats general Website acceptance as blanket recording consent;(e) waives a legally required notice or communication procedure;(f) authorizes unlawful commercial communications;(g) authorizes recording without required consent;(h) validates an electronic action performed without intent or authority;(i) prevents a valid privacy or marketing opt-out;(j) restricts a protected complaint or report; or(k) limits a right that cannot lawfully be waived.13.52 Relationship to Other Articles
This Article should be read together with the provisions concerning:(a) acceptance and assent;(b) Website inquiries;(c) User-Submitted Materials;(d) Third-Party Services;(e) Website availability;(f) disclaimers;(g) limitations of liability;(h) indemnification;(i) contractual notices;(j) dispute resolution;(k) the Privacy Policy; and(l) separate commercial agreements.Where another provision more specifically governs a particular communication, privacy request, signature, Campaign instruction, notice, or electronic record, the more specific provision applies.13.53 Survival
Provisions that by their nature should continue after Website use, communications, or these Terms end will survive, including provisions concerning:(a) prior electronic records;(b) signatures and approvals;(c) consent and opt-out records;(d) suppression records;(e) communication security;(f) privacy and security requests;(g) recordings and transcripts;(h) formal notices;(i) confidentiality limitations;(j) separate agreements; and(k) activity occurring while these Terms applied.
14. GOVERNING LAW AND PENNSYLVANIA VENUE
14.1 Scope and Covered Disputes
For purposes of this Article, a “Covered Dispute” means a dispute, claim, action, or proceeding between you and Provocative Media arising out of or relating to:(a) access to or use of the Website;(b) inability to access or use the Website;(c) Website Content;(d) Website forms or inquiry processes;(e) Submitted Materials or User-Submitted Materials;(f) electronic communications initiated through or directly resulting from the Website;(g) an alleged violation of these Terms;(h) an inquiry or preliminary business interaction governed by these Terms;(i) the formation, interpretation, validity, enforcement, or alleged breach of these Terms;(j) personal information submitted through or in connection with the Website, to the extent contractual choice of law and forum may lawfully apply; or(k) another relationship or activity expressly governed by these Terms.A Covered Dispute does not include a claim governed by a separate agreement containing a controlling governing-law, forum, arbitration, or dispute-resolution provision.14.2 Pennsylvania Governing Law
Except where federal law, mandatory law, or a controlling separate agreement requires otherwise, these Terms and each Covered Dispute will be governed by and interpreted under the substantive laws of the Commonwealth of Pennsylvania.Pennsylvania law will apply without regard to a conflict-of-laws principle that would require application of another jurisdiction’s law.This choice of law governs issues that the parties may lawfully determine by agreement, including:(a) interpretation of these Terms;(b) contractual rights and obligations;(c) breach of these Terms;(d) contractual defenses;(e) remedies arising under these Terms; and(f) other contractual issues governed by Pennsylvania substantive law.14.3 Federal Law
Applicable federal law will govern an issue arising under:(a) the United States Constitution;(b) a federal statute;(c) a federal regulation;(d) a federal rule;(e) a federal intellectual-property right; or(f) another controlling source of federal law.The selection of Pennsylvania law does not displace federal law where federal law governs the issue.14.4 Mandatory Law
Nothing in this Article displaces a law that applies regardless of contractual choice of law.Mandatory law may include, where applicable:(a) privacy and data-protection law;(b) consumer-protection law;(c) accessibility law;(d) electronic-communications law;(e) child-protection law;(f) employment and labor law;(g) intellectual-property law;(h) statutes regulating legal proceedings or remedies;(i) legally required administrative procedures; and(j) another law that the parties may not modify by contract.Where mandatory law requires application of another jurisdiction’s substantive protection, that protection will apply only to the extent legally required.14.5 Privacy Policy and Privacy Claims
The Privacy Policy is a separate privacy notice and is not incorporated wholesale into these Terms as a contract.The Pennsylvania choice-of-law provision governs contractual issues arising under these Terms.It does not:(a) convert every Privacy Policy statement into a contractual warranty;(b) eliminate a privacy law that validly applies;(c) restrict a nonwaivable privacy right;(d) prevent a privacy regulator from exercising lawful authority;(e) alter a legally required privacy-request procedure; or(f) prevent application of a mandatory law governing personal information.A separate data-processing, confidentiality, or security agreement may establish additional governing-law or dispute-resolution provisions for the information and relationship it expressly governs.14.6 Procedural Law
Unless federal procedural law applies, procedural matters in a Covered Dispute will ordinarily be governed by the procedural rules of the court hearing the matter.The choice of Pennsylvania substantive law does not independently determine:(a) subject-matter jurisdiction;(b) pleading requirements;(c) court procedure;(d) evidentiary procedure;(e) appellate procedure;(f) service of process;(g) removal procedure; or(h) another matter treated as procedural under applicable law.14.7 NOTICE—EXCLUSIVE PENNSYLVANIA FORUM
IF YOU ARE LEGALLY BOUND BY THESE TERMS, YOU AND PROVOCATIVE MEDIA AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS ARTICLE, A COVERED DISPUTE MUST BE BROUGHT EXCLUSIVELY IN ONE OF THE FOLLOWING COURTS:(a) THE PHILADELPHIA MUNICIPAL COURT, IF THAT COURT HAS SUBJECT-MATTER JURISDICTION;(b) THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA; OR(c) THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA, IF FEDERAL SUBJECT-MATTER JURISDICTION EXISTS.No other state or federal trial court is an agreed forum for a Covered Dispute unless:(a) this Article expressly permits it;(b) mandatory law requires it;(c) the parties enter into a subsequent written agreement permitting it; or(d) the selected court determines that another forum is legally required.14.8 Philadelphia Municipal Court
A Covered Dispute may be filed in the Philadelphia Municipal Court only if:(a) that court has personal jurisdiction;(b) that court has subject-matter jurisdiction;(c) the claim is within its applicable monetary and procedural limits; and(d) the requested relief is within that court’s authority.Nothing in these Terms expands the jurisdiction or remedial authority of the Philadelphia Municipal Court.If the Municipal Court lacks jurisdiction, the action must be brought in another court identified in Section 14.7 that possesses jurisdiction.14.9 Federal Court
A Covered Dispute may be filed originally in the United States District Court for the Eastern District of Pennsylvania only where federal subject-matter jurisdiction independently exists.These Terms do not create:(a) federal-question jurisdiction;(b) diversity jurisdiction;(c) supplemental jurisdiction;(d) removal jurisdiction; or(e) another basis for federal jurisdiction.The absence of federal jurisdiction does not invalidate the selection of the applicable Philadelphia state court.14.10 Applicability Only to Legally Bound Parties
The governing-law and forum-selection provisions apply contractually only to a person or organization that is legally bound by these Terms.Their enforceability may depend on:(a) legally sufficient notice;(b) legally sufficient assent;(c) contractual capacity;(d) authority;(e) consideration where required;(f) the clarity and conspicuousness of the provision;(g) applicable law; and(h) the circumstances of the transaction.Merely making these Terms available through an inconspicuous Website link does not necessarily establish that every visitor agreed to them.14.11 Consent to Personal Jurisdiction
If you are legally bound by these Terms, you consent to the personal jurisdiction of the courts identified in Section 14.7 for Covered Disputes.This consent:(a) is contractual;(b) applies regardless of your residence or principal place of business;(c) is limited to Covered Disputes;(d) does not create subject-matter jurisdiction;(e) does not bind a person or organization that did not legally assent; and(f) applies only to the extent permitted by applicable law.Provocative Media does not rely solely on ordinary passive browsing as proof of consent to personal jurisdiction.14.12 Waiver of Forum Objections
To the fullest extent permitted by applicable law, a party legally bound by this Article waives an objection to a properly filed Covered Dispute based on:(a) contractual venue;(b) inconvenience of the selected forum;(c) forum non conveniens;(d) distance from the selected forum;(e) residence outside Pennsylvania; or(f) availability of another otherwise permissible forum.This waiver does not apply to:(a) lack of subject-matter jurisdiction;(b) a nonwaivable jurisdictional objection;(c) legally defective service of process;(d) a forum required by mandatory law;(e) a person who did not legally assent;(f) a person lacking contractual capacity; or(g) another objection that applicable law does not permit the parties to waive.14.13 Subject-Matter Jurisdiction
Every selected court must possess subject-matter jurisdiction over the applicable dispute and requested relief.Nothing in these Terms:(a) expands a court’s jurisdiction;(b) authorizes a court to hear a claim outside its legal authority;(c) changes a court’s monetary limits;(d) changes statutory jurisdictional requirements; or(e) creates a cause of action.Where one selected court lacks jurisdiction, the action may be brought in another selected court possessing jurisdiction.14.14 Removal to Federal Court
Removal of a state-court action is governed by applicable federal law.Nothing in this Article:(a) creates a right of removal;(b) expands federal jurisdiction;(c) permits a party other than a legally authorized defendant to remove an action;(d) extends a statutory removal deadline; or(e) changes the federal district to which an action must be removed.Where a Covered Dispute filed in a Philadelphia state court is properly removable, it may be removed to the United States District Court for the Eastern District of Pennsylvania as provided by federal law.No party waives a removal right merely by agreeing to the state and federal forums listed in Section 14.7 unless that party expressly waives removal in a binding agreement.14.15 Remand
If a federal court determines that it lacks subject-matter jurisdiction over a removed Covered Dispute, the action may be remanded according to federal law.Remand to a selected Philadelphia state court is consistent with this Article.Nothing in these Terms:(a) prevents a legally authorized motion to remand;(b) determines whether removal was proper;(c) waives a statutory remand argument; or(d) changes an applicable federal procedure.14.16 Appeals
An appeal from a selected trial court may be brought in the appellate court possessing jurisdiction over that appeal.An appeal to:(a) a Pennsylvania appellate court;(b) the United States Court of Appeals for the Third Circuit; or(c) the Supreme Court of the United Statesdoes not violate the exclusive trial-forum provision.This Section does not create a right to appeal where no right otherwise exists.14.17 Emergency and Provisional Relief
A party may seek temporary, preliminary, emergency, conservatory, or protective relief from a selected court.A party may seek limited emergency relief in another court of competent jurisdiction where:(a) the selected court cannot provide timely effective relief;(b) property, systems, information, evidence, or conduct requiring immediate protection is located outside Pennsylvania;(c) an existing order must be enforced in another jurisdiction;(d) a governmental or legal requirement necessitates action elsewhere; or(e) delay would create a material risk of immediate and irreparable harm.Seeking emergency relief elsewhere does not waive the exclusive Pennsylvania forum for the underlying merits unless:(a) mandatory law requires otherwise;(b) the issuing court validly retains the matter;(c) the selected court lacks jurisdiction; or(d) the parties agree otherwise in writing.14.18 Equitable Relief
Certain conduct may cause harm that cannot be fully remedied through money damages alone.Subject to applicable law and proof of the required elements, Provocative Media may request injunctive or equitable relief concerning:(a) unauthorized system access;(b) malicious security activity;(c) infringement or misuse of intellectual property;(d) impersonation;(e) fraudulent use of Provocative Media’s identity;(f) unauthorized disclosure of confidential information;(g) unlawful scraping or systematic extraction;(h) malicious code or system interference;(i) evidence destruction;(j) unlawful circumvention; or(k) another continuing or threatened violation.This Section does not:(a) establish irreparable harm automatically;(b) eliminate the need to prove entitlement to relief;(c) guarantee that relief will be granted;(d) waive a defense; or(e) limit the court’s discretion.14.19 No Arbitration Requirement
These Website Terms do not require arbitration of Covered Disputes.Unless a separate binding agreement provides otherwise, a Covered Dispute may be litigated in the courts identified in Section 14.7.Nothing in this Section prevents the parties from later entering into a written agreement providing for:(a) mediation;(b) arbitration;(c) a private judge;(d) another dispute-resolution procedure; or(e) another forum.14.20 Optional Informal Resolution
Before filing a judicial action, a party may provide written notice describing:(a) the nature of the dispute;(b) the material events;(c) the provisions believed to be involved;(d) the relief requested; and(e) contact information for a response.The parties may attempt to resolve the dispute through good-faith discussions.Unless a separate agreement expressly requires a pre-suit process:(a) informal resolution is voluntary;(b) it is not a condition precedent to filing;(c) failure to participate does not independently waive a claim or defense; and(d) either party may discontinue discussions.14.21 Legal Deadlines
An attempt to resolve a dispute informally does not require a party to:(a) permit a limitations period to expire;(b) miss a statutory filing deadline;(c) miss a contractual deadline;(d) delay an emergency application;(e) abandon a preservation obligation; or(f) waive provisional relief.Each party remains responsible for protecting its own legal rights and deadlines.Nothing in these Terms extends or shortens a limitations period unless another provision expressly and validly does so.
15. CHANGES TO THESE TERMS
15.1 Effective Date, Last Updated Date, and Version
The beginning of these Terms will identify:(a) an Effective Date;(b) a Last Updated date; and(c) where reasonably practicable, a version number or other version identifier.The Effective Date identifies when the applicable version is intended to begin governing covered Website activity.The Last Updated date identifies when the document was most recently revised, corrected, or republished.A nonmaterial correction may change the Last Updated date without changing the legal effect of the Terms or requiring a new Effective Date.15.2 Right to Propose and Make Revisions
Subject to this Article, applicable law, and any binding separate agreement, Provocative Media may revise, supplement, replace, or otherwise modify these Terms.Changes may address:(a) changes to the Website;(b) new, modified, or discontinued Website features;(c) changes to Website forms or inquiry procedures;(d) changes to Provocative Media’s Services or operations;(e) changes to External Services or technology;(f) security or fraud-prevention measures;(g) electronic-communication practices;(h) changes in applicable law, regulation, judicial decisions, or regulatory guidance;(i) intellectual-property, privacy, accessibility, or compliance requirements;(j) clarification of existing provisions;(k) correction of errors or inconsistencies;(l) changes to contact or notice procedures; or(m) other legitimate legal, operational, or business needs.Provocative Media’s ability to publish revised language does not mean that every revision automatically becomes contractually binding on every prior visitor or user.15.3 Posting the Current Terms
The current version of these Terms will ordinarily be posted through the Website.Posting revised Terms makes the revised version available for review.Posting alone does not necessarily establish:(a) notice to a person already bound by an earlier version;(b) acceptance of the revised version;(c) retroactive application;(d) consent to a materially different privacy practice;(e) amendment of a separate agreement; or(f) legally sufficient agreement to a material change.The effect of a posted revision depends on:(a) the nature of the revision;(b) the affected person’s prior relationship with Provocative Media;(c) the notice provided;(d) the acceptance process;(e) the affected activity;(f) the applicable version previously accepted; and(g) applicable law.15.4 Effective Date of Revised Terms
Unless a later date is expressly stated, revised Terms may become effective for new Website activity occurring after the revised version is posted and made available through a legally sufficient acceptance process.For persons already bound by an earlier version, a revised provision will become contractually effective only when:(a) adequate notice has been provided;(b) the person has had a reasonable opportunity to review the revision;(c) legally sufficient acceptance has occurred;(d) any required affirmative consent has been obtained; and(e) applicable law otherwise permits the amendment.Provocative Media may establish a future effective date to allow time for:(a) notice;(b) review;(c) renewed acceptance;(d) operational preparation;(e) withdrawal or discontinuation of Website use; or(f) another required procedure.15.5 Notice of Material Changes
Where Provocative Media seeks to apply a material change to a person already bound by an earlier version, Provocative Media will provide notice reasonably calculated to bring the change to that person’s attention.Depending on the circumstances, notice may be provided through:(a) a prominent Website notice;(b) a banner displayed near an affected form or feature;(c) email to a current address associated with an active inquiry or relationship;(d) direct business communication;(e) a notice displayed before the next submission or transaction;(f) an updated electronic-contracting process;(g) a request for renewed acceptance;(h) an electronic-signature request; or(i) another legally sufficient notice method.The notice may identify:(a) that the Terms have changed;(b) the nature of the material changes;(c) the revised Effective Date;(d) where the revised Terms may be reviewed;(e) whether affirmative acceptance is required;(f) the effect of continued use, where legally applicable; and(g) how a person may discontinue future Website use.15.6 Material Changes
A change may be material where it significantly affects a person’s legal rights, obligations, remedies, expected privacy, or authorized use of the Website.Material changes may include:(a) materially expanding prohibited conduct;(b) materially reducing Website-use permissions;(c) materially changing intellectual-property permissions;(d) materially expanding a submission or content license;(e) adding or materially expanding an indemnification obligation;(f) materially reducing a liability cap;(g) materially expanding a damages exclusion;(h) adding mandatory arbitration;(i) adding a class-action or representative-action waiver;(j) materially changing governing law or exclusive venue;(k) materially changing electronic acceptance or notice procedures;(l) imposing a material new fee or payment obligation;(m) materially expanding use of previously submitted materials;(n) materially reducing a confidentiality, security, or privacy protection expressly stated in the prior version;(o) materially expanding automated decision-making or artificial-intelligence use;(p) materially changing a dispute-resolution procedure; or(q) materially reducing another protection or remedy.Materiality will depend on the substance, context, practical effect, affected persons, and applicable law.15.7 Affirmative Acceptance of Material Changes
Provocative Media may require, and where legally necessary will require, affirmative acceptance before applying a material revision to an existing user or relationship.Affirmative acceptance may be obtained through:(a) an unchecked acceptance box;(b) an acceptance button accompanied by clear notice;(c) an electronic signature;(d) an express written acknowledgment;(e) completion of a designated contracting process;(f) acceptance before submitting a new Website form;(g) acceptance before using a materially changed feature; or(h) another legally sufficient affirmative action.Provocative Media should ordinarily require renewed affirmative acceptance before applying to an existing user a revision that:(a) adds mandatory arbitration;(b) adds a class-action waiver;(c) materially expands indemnification;(d) materially reduces a monetary liability cap;(e) materially expands rights in previously submitted content;(f) materially changes exclusive venue;(g) imposes material new fees; or(h) otherwise materially alters dispute or remedy rights.15.8 Continued Use After Notice
Continued Website use after a revision may constitute acceptance only where:(a) the person was provided adequate notice of the revision;(b) the notice clearly stated that identified continued conduct would constitute acceptance;(c) the revised Terms were reasonably available;(d) the person had a reasonable opportunity to review them;(e) the person engaged in the identified conduct after the revision became effective; and(f) applicable law permits acceptance through that conduct.The relevant conduct may include:(a) submitting a new Website form;(b) uploading new materials;(c) initiating a new Website-based inquiry;(d) using a new or materially changed interactive feature; or(e) another affirmative Website action clearly identified in the notice.A passive or incidental Website visit will not necessarily constitute acceptance of a material revision.Continued use will not substitute for an affirmative signature, consent, opt-in, or acceptance process where one is required by law or these Terms.15.9 No Duty to Search Periodically for Changes
A person previously bound by these Terms is not required to continuously or periodically search the Website to determine whether Provocative Media has changed the Terms.Provocative Media will not rely solely on a statement that users are responsible for periodically checking the Website to establish acceptance of a material revision.A person remains responsible for reviewing revised Terms when:(a) Provocative Media provides legally sufficient notice;(b) the person is asked to accept the revised version;(c) the person initiates a new Website transaction clearly governed by the revised version; or(d) another legally sufficient circumstance places the person on notice.15.10 Silence and Inactivity
Provocative Media will not treat the following, standing alone, as affirmative acceptance of revised Terms:(a) silence;(b) failure to respond to an email;(c) failure to object;(d) failure to visit the Website;(e) inactivity;(f) continued participation in a separate agreement that does not incorporate the revision; or(g) retention of information previously received.Silence or inactivity may have legal effect only where a binding agreement or applicable law expressly provides that result and the requirements for that effect have been satisfied.15.11 Prospective Application
Unless expressly agreed otherwise and permitted by applicable law, revised Terms apply prospectively.Revised Terms may govern:(a) Website access occurring after their applicable Effective Date;(b) new forms submitted after their applicable Effective Date;(c) new materials submitted after their applicable Effective Date;(d) new inquiries initiated after their applicable Effective Date;(e) new features used after their applicable Effective Date;(f) new communications or transactions clearly governed by the revised version; and(g) other future conduct occurring after legally sufficient notice and acceptance.15.12 Prior Conduct
A revised version does not ordinarily alter the legal effect of conduct completed before the revision became effective.Earlier conduct will generally be governed by:(a) the version in effect and legally applicable when the conduct occurred;(b) the version affirmatively accepted by the affected person;(c) a controlling separate agreement;(d) applicable law; and(e) any later agreement that expressly and validly governs the prior matter.Provocative Media will not rely solely on later-posted language to create liability for earlier conduct that was permitted under the version governing that conduct.15.13 No Automatic Retroactive Application
Posting or accepting revised Terms does not automatically:(a) expand Provocative Media’s rights in materials submitted under an earlier version;(b) create a new payment obligation for completed Website activity;(c) impose a broader indemnification obligation concerning completed prior conduct;(d) reduce a previously applicable liability limitation or remedy;(e) waive an accrued claim or defense;(f) reduce a vested or nonwaivable right;(g) create consent to a materially different use of previously collected personal information;(h) authorize a new public or promotional use of previously submitted content;(i) authorize artificial-intelligence training on previously submitted materials; or(j) amend a separately executed agreement.Retroactive application requires express and legally sufficient agreement and remains subject to applicable law.15.14 Pending Inquiries
A revised version may govern new Website activity connected to a pending inquiry where adequate notice and legally sufficient acceptance have occurred.For example, the revised version may govern:(a) a new form submitted after the revision;(b) new materials uploaded after acceptance;(c) use of a new feature;(d) a new Website-based request; or(e) another new activity clearly identified as governed by the revised version.A revision does not automatically:(a) change the terms governing materials previously submitted;(b) expand an earlier submission license;(c) create a business relationship;(d) change a previously communicated commercial term;(e) revive an expired proposal;(f) convert preliminary communications into a contract; or(g) require Provocative Media to continue considering the inquiry.Provocative Media may require acceptance of revised Terms before permitting additional Website-based activity.15.15 Existing Commercial Agreements
A revision to these Terms does not amend, replace, or override a separately executed:(a) Brand Services Agreement;(b) Brand Statement of Work;(c) Brand Change Order;(d) Creator Sponsorship Representation Agreement;(e) Creator Campaign Addendum;(f) Creator Campaign Amendment;(g) nondisclosure agreement;(h) vendor or contractor agreement;(i) referral agreement;(j) license or release; or(k) other commercial agreement.A separate agreement may be amended only through:(a) its stated amendment procedure;(b) a written amendment;(c) an authorized Change Order;(d) an authorized Campaign amendment; or(e) another legally sufficient process accepted by the parties.A separate agreement is not amended merely because one party continues using the public Website.15.16 Privacy Policy Changes
Changes to Provocative Media’s processing of personal information are governed by:(a) the Privacy Policy;(b) applicable privacy notices;(c) notices provided when information is collected;(d) consent and preference mechanisms;(e) applicable agreements; and(f) applicable law.A change to these Terms does not, by itself, authorize:(a) a materially different use of previously collected personal information;(b) materially broader disclosure to third parties;(c) sale or sharing requiring a separate notice or choice;(d) materially different tracking;(e) new sensitive-information processing;(f) new child-related processing;(g) materially different artificial-intelligence use; or(h) another processing change requiring additional notice or consent.Where required, Provocative Media will provide:(a) additional notice;(b) affirmative consent;(c) a privacy choice;(d) an opt-out mechanism;(e) a cookie or tracking control;(f) parental authorization; or(g) another legally required procedure.15.17 Marketing and Recording Consent
A revision to these Terms does not, by itself, constitute consent to:(a) recurring promotional email where separate permission is required;(b) automated promotional text messages;(c) automated or prerecorded telephone calls;(d) AI-generated voice calls;(e) call or meeting recording;(f) automated transcription;(g) voice cloning;(h) behavioral or targeted advertising requiring a separate choice; or(i) another communication or processing activity requiring specific consent.Any required consent will be obtained through a separate legally sufficient process.15.18 New Features and Additional Terms
Provocative Media may introduce a new Website feature, portal, form, account system, Service, or process subject to additional terms.Before using the feature, a person may be required to:(a) review additional terms;(b) provide additional information;(c) confirm eligibility;(d) affirmatively accept additional conditions;(e) create an account;(f) complete identity or authority verification;(g) provide privacy choices; or(h) execute a separate agreement.Properly accepted additional terms supplement these Terms.Where properly accepted additional terms expressly conflict with these Terms, the additional terms control only the feature, transaction, or subject matter they expressly govern.
15.19 Nonmaterial Changes
Provocative Media may make nonmaterial changes without individualized notice where the changes do not materially affect legal rights, obligations, remedies, permissions, or privacy expectations.Nonmaterial changes may include:(a) correcting spelling, grammar, punctuation, or formatting;(b) updating headings or numbering;(c) improving readability without changing legal effect;(d) correcting cross-references;(e) updating contact information;(f) correcting a broken internal link;(g) removing an outdated example that does not alter the governing rule;(h) clarifying language without materially changing its meaning; or(i) reorganizing provisions without materially changing their effect.A change is not nonmaterial merely because Provocative Media labels it a clarification or operational change.15.20 Provider and Technology Changes
Replacing, adding, or reconfiguring a provider or technology may be nonmaterial where the change does not materially affect:(a) Website functionality;(b) the categories of information processed;(c) processing purposes;(d) disclosures;(e) security;(f) tracking;(g) international transfers;(h) user choices;(i) legal rights; or(j) contractual obligations.A provider or technology change may be material where it significantly changes one or more of those matters.Where required, Provocative Media will update:(a) the Privacy Policy;(b) notices at collection;(c) cookie or tracking controls;(d) consent procedures;(e) Campaign documentation;(f) security procedures; or(g) other applicable disclosures and agreements.15.21 Correction of Clerical Errors
Provocative Media may correct an objectively identifiable:(a) typographical error;(b) numbering error;(c) formatting error;(d) broken cross-reference;(e) duplicated provision;(f) omitted word where the intended sentence is otherwise unambiguous; or(g) similar clerical publication error.A clerical correction will not be used to:(a) materially expand Provocative Media’s rights;(b) materially increase a user’s obligations;(c) resolve a genuine ambiguity solely in Provocative Media’s favor;(d) alter an accrued claim or defense;(e) change the governing law or forum;(f) create a new indemnification obligation;(g) reduce a liability cap; or(h) otherwise make a material contractual amendment.A correction that materially affects legal meaning will be treated as a material revision.15.22 Changes Required by Law, Security, or Emergency
Provocative Media may immediately implement an operational change reasonably necessary to:(a) comply with law, regulation, legal process, or court order;(b) address an urgent security vulnerability;(c) stop fraud, abuse, or unlawful activity;(d) protect personal information;(e) respond to a provider suspension or requirement;(f) prevent material harm;(g) preserve evidence; or(h) maintain Website integrity.An immediate operational change may include:(a) disabling a feature;(b) suspending a form;(c) blocking a file type;(d) changing authentication;(e) restricting access;(f) replacing a compromised provider;(g) removing unlawful content; or(h) implementing another proportionate protective measure.An immediate operational change does not automatically make a materially revised contractual term binding on an existing user.Where a material contractual revision is also required, Provocative Media will provide notice and obtain acceptance to the extent required by applicable law.15.23 Disagreement With Revised Terms
A person who does not agree to revised Terms should discontinue future Website activity governed by those revisions.The person should refrain from:(a) submitting a new Website form;(b) uploading new User-Submitted Materials;(c) initiating a new Website inquiry;(d) using a materially changed feature; or(e) taking another action clearly conditioned on acceptance.Disagreement with revised Website Terms does not automatically:(a) terminate a signed commercial agreement;(b) cancel an active Campaign;(c) excuse an existing payment obligation;(d) revoke a separate license;(e) terminate an existing confidentiality obligation; or(f) alter another relationship governed by a separate agreement.15.24 No Obligation to Maintain Particular Prospective Terms
Subject to applicable law and existing binding obligations, Provocative Media is not required to offer indefinitely:(a) a particular Website feature;(b) a particular inquiry form;(c) a particular Website-use permission;(d) a particular contact method;(e) a particular provider integration;(f) a particular process for future Website activity; or(g) another prospective Website term.Provocative Media may propose future revisions to:(a) Website permissions;(b) liability allocations;(c) dispute procedures;(d) licenses;(e) communication methods; or(f) other contractual provisions,but a proposed material revision becomes binding only through the notice and acceptance procedures required by this Article and applicable law.15.25 Prior Versions and Acceptance Records
Provocative Media may retain:(a) prior versions of these Terms;(b) Effective Dates;(c) Last Updated dates;(d) version identifiers;(e) summaries of material revisions;(f) Website acceptance language;(g) records of affirmative acceptance;(h) timestamps;(i) form versions;(j) Website-interface records; and(k) other information reasonably relevant to determining which version applied.These materials may be retained for:(a) contract administration;(b) legal compliance;(c) dispute resolution;(d) demonstrating notice and assent;(e) responding to regulatory or legal requests;(f) fraud prevention; and(g) legitimate recordkeeping.Retention remains subject to the Privacy Policy and applicable law.15.26 Access to Prior Versions
Provocative Media may maintain publicly accessible prior versions or provide them on reasonable request.A request may identify:(a) the relevant date or approximate period;(b) the Website interaction involved;(c) the form or feature involved;(d) the requester’s contact information; and(e) information reasonably necessary to locate the applicable version.Provocative Media may require reasonable identity or authority verification where the request concerns nonpublic acceptance or transaction records.A requester is not required to provide an unnecessary explanation of the legal reason for requesting a publicly applicable prior version.15.27 No Waiver of Prior Rights or Violations
A revision, replacement, correction, or reorganization does not automatically waive:(a) a violation of an earlier version;(b) a claim arising before the revision;(c) an existing defense;(d) an accrued indemnification right;(e) an intellectual-property claim;(f) a privacy or security obligation;(g) an accrued payment right; or(h) another right arising from prior conduct.A waiver must satisfy the waiver requirements in these Terms or the applicable separate agreement.15.28 No Revival of Extinguished Rights
A revision does not automatically revive:(a) an expired limitations period;(b) a validly waived claim;(c) a released claim;(d) a settled claim;(e) a terminated permission;(f) an expired license;(g) a completed settlement; or(h) another right that has legally expired or been extinguished.Revival requires an express legally enforceable agreement or another legally recognized basis.15.29 Invalid or Unenforceable Revisions
If a particular revision is determined to be invalid or unenforceable:(a) the revision will apply only to the maximum lawful extent;(b) it may be limited or modified to the minimum extent necessary;(c) it may be severed where modification is unavailable;(d) unaffected revisions will remain effective; and(e) the remaining Terms will continue in effect.The prior enforceable provision may continue to govern persons previously bound by it where:(a) the prior provision had not been validly replaced;(b) continued application is consistent with the parties’ agreement;(c) continued application is permitted by law; and(d) applying it would not produce an unlawful or materially deceptive result.15.30 No Deceptive Amendment Practices
Provocative Media will not knowingly use a revision process to:(a) conceal a material change;(b) represent that a material change is merely clerical;(c) impose a retroactive obligation without a legally sufficient basis;(d) obtain consent through a materially misleading interface;(e) make an inconspicuous material change while highlighting unrelated content;(f) override a prior privacy choice without legally sufficient notice or consent;(g) represent that silence constitutes acceptance where it does not; or(h) otherwise engage in an unfair or deceptive amendment practice.A general statement reserving the right to revise these Terms does not eliminate applicable requirements concerning notice, assent, fairness, or nonretroactivity.15.31 Nonwaivable Rights
Nothing in this Article:(a) permits retroactive application where prohibited by law;(b) treats silence as consent where affirmative consent is required;(c) eliminates legally required notice;(d) authorizes a materially deceptive revision;(e) amends a separate agreement without legally sufficient acceptance;(f) authorizes a materially different privacy practice without required notice or consent;(g) binds a person who did not receive legally sufficient notice or assent;(h) validates an otherwise unenforceable amendment; or(i) limits a right that applicable law does not permit the parties to waive.15.32 Relationship to Other Articles
This Article should be read together with provisions concerning:(a) acceptance and assent;(b) Website inquiries;(c) User-Submitted Materials;(d) electronic communications and signatures;(e) privacy;(f) governing law and venue;(g) severability;(h) waiver;(i) separate agreements; and(j) general provisions.Where another Article or binding separate agreement more specifically governs amendment of a particular document, Campaign, consent, license, or relationship, the more specific amendment procedure controls.15.33 Survival
Provisions concerning the following will survive amendment, replacement, or expiration of these Terms where their nature requires continued application:(a) prior versions;(b) prior conduct;(c) accrued rights and obligations;(d) prior acceptance records;(e) nonretroactivity;(f) separate agreements;(g) privacy and consent records;(h) legally effective waivers and releases;(i) invalid revisions; and(j) nonwaivable rights.
16. GENERAL PROVISIONS
16.1 Scope of This Article
This Article contains general provisions concerning:(a) the relationship between these Terms and other documents;(b) contractual relationships and authority;(c) assignment and delegation;(d) third-party beneficiaries;(e) waiver and enforcement;(f) severability;(g) interpretation;(h) amendments and modifications;(i) compliance with law;(j) Force Majeure;(k) records and electronic acceptance;(l) survival; and(m) other matters generally applicable to these Terms.Where another Article or binding separate agreement more specifically governs a particular matter, the more specific provision will apply.16.2 Entire Agreement for Website Matters
These Terms, together with any additional Website terms expressly presented and legally accepted for a particular feature or transaction, constitute the entire agreement between you and Provocative Media concerning:(a) access to and use of the Website;(b) Website Content;(c) Website forms and inquiries;(d) Submitted Materials and User-Submitted Materials;(e) preliminary electronic communications governed by these Terms;(f) Website-related permissions;(g) Website-related restrictions; and(h) other matters expressly governed by these Terms.These Terms supersede prior or contemporaneous oral and written understandings concerning the same Website matters, except for:(a) a binding separate agreement;(b) an express written authorization;(c) additional terms validly accepted for a specific feature or transaction;(d) a legally effective consent or release; or(e) another legally binding record governing the applicable subject matter.16.3 Privacy Policy as a Separate Notice
The Privacy Policy is a separate notice describing Provocative Media’s processing of personal information.The Privacy Policy is not incorporated wholesale into these Terms as a contractual promise.If these Terms conflict with the Privacy Policy concerning Provocative Media’s public description of:(a) collection;(b) use;(c) disclosure;(d) retention;(e) security;(f) international transfer;(g) privacy choices; or(h) privacy rightsconcerning personal information, the Privacy Policy and applicable law will control that issue.This provision does not convert every statement in the Privacy Policy into a representation, warranty, or contractual obligation.16.4 Separate Agreements
These Terms do not replace, amend, terminate, or supersede a separately executed:(a) Brand Services Agreement;(b) Brand Statement of Work;(c) Brand Change Order;(d) Creator Sponsorship Representation Agreement;(e) Creator Campaign Addendum;(f) Creator Campaign Amendment;(g) nondisclosure agreement;(h) vendor or contractor agreement;(i) referral or partnership agreement;(j) license;(k) release;(l) settlement agreement;(m) data-processing or security agreement; or(n) other binding commercial agreement.A separate agreement governs the Services, relationship, transaction, Campaign, Deliverables, compensation, rights, and obligations within its stated scope.A relationship does not become governed by these Website Terms merely because it initially began through a Website inquiry.16.5 Order of Precedence
Unless a binding document expressly provides a different order, an inconsistency will be resolved according to the following principles:(a) a binding separate agreement governs the relationship and subject matter within its stated scope;(b) the order of precedence between a master agreement and its Statements of Work, Campaign Addenda, amendments, Change Orders, and incorporated documents will be determined by the master agreement’s own precedence provisions;(c) properly accepted additional terms govern the particular Website feature or transaction for which they were presented;(d) these Terms govern general Website matters; and(e) general Website Content does not override a binding agreement.A Brand Statement of Work, Creator Campaign Addendum, amendment, or Change Order does not automatically override its governing master agreement unless:(a) the master agreement permits that result;(b) the Campaign document clearly identifies the intended departure; and(c) the document was accepted through the required amendment or approval process.16.6 No Relationship Created by Website Use
Accessing the Website, reviewing Website Content, submitting an inquiry, or engaging in preliminary communication does not, by itself, create:(a) a Creator representation relationship;(b) an agency relationship;(c) a commercial-intermediary relationship;(d) a brokerage relationship;(e) a fiduciary relationship;(f) a partnership;(g) a joint venture;(h) an independent-contractor relationship;(i) an employment relationship;(j) a franchise relationship;(k) an exclusivity arrangement;(l) an attorney-client relationship;(m) another professional-adviser relationship; or(n) another continuing business relationship.Any such relationship must arise from:(a) an appropriate binding agreement;(b) a legally sufficient appointment or authorization;(c) the actual conduct and circumstances recognized by applicable law; or(d) another legally sufficient basis.Nothing in this Section permits the parties to disregard the actual legal nature of a relationship where applicable law determines status from the facts rather than the label used.16.7 No Authority to Bind Provocative Media
Unless expressly authorized, you may not:(a) make a commitment on behalf of Provocative Media;(b) represent that you possess authority to bind Provocative Media;(c) enter into an agreement in Provocative Media’s name;(d) incur an obligation on Provocative Media’s behalf;(e) make a representation or warranty for Provocative Media;(f) approve a Campaign or commercial term for Provocative Media;(g) use Provocative Media’s identity to solicit business;(h) present yourself as an employee, agent, representative, partner, or Affiliate of Provocative Media; or(i) otherwise act on Provocative Media’s behalf.Authority must be established through:(a) express written authorization;(b) a binding agreement;(c) an official role carrying the applicable authority; or(d) another legally recognized basis.Nothing in this Section eliminates responsibility that applicable law imposes because of actual authority, apparent authority, ratification, estoppel, or another legally recognized doctrine.16.8 Organizational Representatives
If you use the Website or submit an inquiry on behalf of an organization, you represent that:(a) the organization exists or is lawfully being formed;(b) you are authorized to provide the applicable information and materials;(c) you possess authority to initiate the inquiry;(d) you possess authority to accept these Terms for the organization where you purport to do so;(e) your actions do not knowingly exceed your authority; and(f) information concerning your authority is accurate to the best of your knowledge.Provocative Media may request reasonable evidence of:(a) identity;(b) position;(c) organizational affiliation;(d) authority;(e) ownership; or(f) authorizationbefore acting on a material instruction.Participation in a communication does not automatically establish authority to bind an organization.16.9 Assignment by You
You may not assign, delegate, transfer, sublicense, or otherwise dispose of your contractual rights or obligations under these Terms without Provocative Media’s prior written consent.You may not transfer to another person:(a) a personal Website permission;(b) a limited Website Content license;(c) an acceptance credential;(d) an authorization granted specifically to you;(e) access to restricted materials; or(f) an obligation requiring your personal performance.This restriction does not prohibit:(a) an assignment expressly permitted by law;(b) a transfer occurring by operation of law;(c) a legally protected assignment of a claim or right that cannot contractually be restricted;(d) representation by an authorized attorney or agent; or(e) another transfer that applicable law does not permit Provocative Media to prohibit.An attempted transfer in violation of this Section is ineffective to the maximum extent permitted by applicable law.16.10 Assignment by Provocative Media
Provocative Media may assign or transfer these Terms and related rights or obligations, in whole or in relevant part:(a) to an Affiliate;(b) to a successor;(c) in connection with a merger or consolidation;(d) in connection with an acquisition;(e) as part of a corporate reorganization;(f) in connection with financing or restructuring;(g) in connection with the sale of all or substantially all of a relevant business or its assets;(h) in connection with the transfer of the Website or an applicable business line; or(i) through another comparable business transaction.Where applicable, the transferee must assume the transferred obligations to the extent required by:(a) the transaction documents;(b) these Terms;(c) applicable law; or(d) another binding agreement.An assignment or delegation does not automatically release Provocative Media from an obligation that arose before the transfer unless:(a) the applicable person agrees to a legally effective novation or release;(b) applicable law provides that result;(c) the controlling agreement permits that result; or(d) the obligation is otherwise lawfully discharged.16.11 Personal Information in a Business Transaction
A transfer of personal information in connection with a merger, acquisition, reorganization, financing, asset transfer, insolvency, or similar transaction remains subject to:(a) the Privacy Policy;(b) applicable privacy notices;(c) applicable law;(d) contractual confidentiality requirements;(e) legally required notices or choices; and(f) restrictions applicable to the particular information.Assignment of these Terms does not, by itself, authorize a materially different use of personal information.16.12 Delegation and Service Providers
Provocative Media may use Affiliates, employees, contractors, consultants, vendors, professional advisers, and service providers to perform Website-related functions.Functions may include:(a) Website hosting and maintenance;(b) form processing;(c) email and communications;(d) cloud storage;(e) file transfer;(f) cybersecurity;(g) fraud and spam prevention;(h) analytics;(i) document management;(j) electronic signatures;(k) accounting and payment administration; and(l) legal, compliance, and operational support.Delegation does not:(a) transfer ownership of Provocative Media’s rights merely because a provider performs a function;(b) eliminate obligations independently imposed on a provider;(c) eliminate responsibility legally attributable to Provocative Media;(d) authorize processing beyond the applicable purpose; or(e) override the Privacy Policy or a binding agreement.16.13 Successors and Permitted Assigns
These Terms are binding upon and benefit:(a) you;(b) Provocative Media;(c) each party’s permitted successors and assigns; and(d) any person expressly identified as an intended beneficiary of a particular provision.A person does not become a successor or permitted assign merely by:(a) receiving information;(b) acquiring a copy of Submitted Materials;(c) participating in a communication;(d) asserting an interest in an inquiry; or(e) purchasing an unrelated asset.16.14 No General Third-Party Beneficiaries
Except as expressly stated, these Terms are intended for the benefit of you and Provocative Media.A Brand, Creator, vendor, contractor, Platform, provider, referral source, family member, representative, or other third party does not obtain enforcement rights merely because that person:(a) is mentioned through the Website;(b) provides information;(c) participates in an inquiry;(d) is considered for an opportunity;(e) is copied on a communication;(f) is affected by Website activity; or(g) incidentally benefits from a provision.Third-party beneficiary status must be established through:(a) express language in these Terms;(b) a binding separate agreement; or(c) applicable law.16.15 Intended Beneficiaries of Protective Provisions
The persons expressly included within the defined Provocative Media Parties may be intended beneficiaries of the protections granted to them in the applicable:(a) Disclaimer Article;(b) Limitation of Liability Article;(c) Indemnification Article;(d) intellectual-property provisions;(e) security provisions; and(f) other provision expressly granting protection.An intended beneficiary may invoke a protection only:(a) within the stated scope of the provision;(b) regarding authorized work or conduct connected to Provocative Media;(c) where enforcement is legally permitted; and(d) where the person has not independently accepted a conflicting obligation.No protective provision excuses a beneficiary’s independent unlawful conduct.16.16 Waiver
A written waiver signed or otherwise validly authenticated by an authorized person is effective only for the specific matter it identifies.A waiver in one instance does not automatically waive:(a) a later violation;(b) a different provision;(c) a continuing obligation;(d) another person’s conduct; or(e) another right or remedy.Nothing in this Section prevents a waiver, estoppel, or modification from being established through conduct or another basis where applicable law recognizes that result.A party asserting an unwritten waiver remains responsible for proving it under the applicable legal standard.16.17 Delay, Assistance, and Accommodation
A party’s delay or failure to immediately enforce a provision does not, by itself:(a) waive the provision;(b) authorize the conduct;(c) amend these Terms;(d) create permanent permission;(e) prevent later enforcement; or(f) eliminate another remedy.Provocative Media’s voluntary decision to provide:(a) assistance;(b) an extension;(c) a correction opportunity;(d) technical support;(e) informal feedback;(f) restoration of access; or(g) another accommodationdoes not, by itself, create a continuing obligation to provide the same accommodation.This Section does not eliminate the legal effect of conduct where waiver, modification, reliance, or estoppel is established under applicable law.16.18 No Automatic Modification Through Course of Dealing
A prior inquiry, prior Campaign, repeated communication, previous accommodation, or earlier business practice does not automatically modify these Terms or create an obligation concerning a later matter.A course of dealing, course of performance, or usage of trade will have effect only to the extent recognized by:(a) applicable law;(b) a binding agreement;(c) the parties’ clearly manifested intent; and(d) the circumstances of the relationship.Nothing in this Section prevents the parties from expressly incorporating an established practice into a binding agreement.
16.15 Intended Beneficiaries of Protective Provisions
The persons expressly included within the defined Provocative Media Parties may be intended beneficiaries of the protections granted to them in the applicable:(a) Disclaimer Article;(b) Limitation of Liability Article;(c) Indemnification Article;(d) intellectual-property provisions;(e) security provisions; and(f) other provision expressly granting protection.An intended beneficiary may invoke a protection only:(a) within the stated scope of the provision;(b) regarding authorized work or conduct connected to Provocative Media;(c) where enforcement is legally permitted; and(d) where the person has not independently accepted a conflicting obligation.No protective provision excuses a beneficiary’s independent unlawful conduct.16.16 Waiver
A written waiver signed or otherwise validly authenticated by an authorized person is effective only for the specific matter it identifies.A waiver in one instance does not automatically waive:(a) a later violation;(b) a different provision;(c) a continuing obligation;(d) another person’s conduct; or(e) another right or remedy.Nothing in this Section prevents a waiver, estoppel, or modification from being established through conduct or another basis where applicable law recognizes that result.A party asserting an unwritten waiver remains responsible for proving it under the applicable legal standard.16.17 Delay, Assistance, and Accommodation
A party’s delay or failure to immediately enforce a provision does not, by itself:(a) waive the provision;(b) authorize the conduct;(c) amend these Terms;(d) create permanent permission;(e) prevent later enforcement; or(f) eliminate another remedy.Provocative Media’s voluntary decision to provide:(a) assistance;(b) an extension;(c) a correction opportunity;(d) technical support;(e) informal feedback;(f) restoration of access; or(g) another accommodationdoes not, by itself, create a continuing obligation to provide the same accommodation.This Section does not eliminate the legal effect of conduct where waiver, modification, reliance, or estoppel is established under applicable law.16.18 No Automatic Modification Through Course of Dealing
A prior inquiry, prior Campaign, repeated communication, previous accommodation, or earlier business practice does not automatically modify these Terms or create an obligation concerning a later matter.A course of dealing, course of performance, or usage of trade will have effect only to the extent recognized by:(a) applicable law;(b) a binding agreement;(c) the parties’ clearly manifested intent; and(d) the circumstances of the relationship.Nothing in this Section prevents the parties from expressly incorporating an established practice into a binding agreement.16.19 Cumulative Rights and Remedies
Except where these Terms, a binding separate agreement, or applicable law provides otherwise, rights and remedies are cumulative.Exercise of one remedy does not automatically prevent exercise of another available:(a) contractual remedy;(b) statutory remedy;(c) equitable remedy;(d) common-law remedy;(e) security measure;(f) Website restriction;(g) takedown procedure; or(h) enforcement right.No party may obtain duplicative recovery for the same injury or Loss.16.20 Severability
If a court of competent jurisdiction determines that a provision of these Terms is invalid, unlawful, or unenforceable:(a) the determination will apply only to the affected provision or portion;(b) the provision will be enforced to the maximum extent permitted;(c) the remaining provisions will continue in effect; and(d) the validity of the provision in another circumstance or jurisdiction will not necessarily be affected.16.21 Reformation and Minimum Necessary Modification
Where legally permitted, an invalid or unenforceable provision may be:(a) limited;(b) narrowed;(c) modified; or(d) partially severedonly to the minimum extent necessary to make it enforceable while preserving its lawful purpose as closely as reasonably possible.A court is not requested to rewrite a provision where applicable law does not permit judicial reformation.If lawful modification is unavailable, the affected provision or portion will be severed.16.22 Independent Operation of Provisions
Each:(a) disclaimer;(b) warranty exclusion;(c) damages exclusion;(d) monetary cap;(e) indemnification obligation;(f) defense;(g) forum-selection provision;(h) governing-law provision;(i) license;(j) waiver provision; and(k) other allocation of rights or riskis intended to operate independently to the extent permitted by applicable law.The invalidity of one provision does not automatically invalidate a separate provision.16.23 Headings
Article, Section, and subsection headings are included for organization and convenience.A heading does not:(a) limit operative language;(b) expand a provision beyond its text;(c) create a right or obligation;(d) override a definition; or(e) determine the outcome of an ambiguity.16.24 Defined Terms
Capitalized terms have the meanings assigned to them in these Terms.A binding separate agreement may define a term differently for the relationship it governs.The Privacy Policy may contain definitions applicable specifically to that notice and its description of personal-information practices.A formatting or capitalization error does not change an otherwise clear intended meaning.16.25 Cross-References
A reference to an Article, Section, subsection, paragraph, or provision ordinarily refers to the corresponding part of these Terms unless the context identifies another document.An objectively identifiable cross-reference error may be interpreted according to the clearly intended reference.A cross-reference provision will not be used to:(a) insert an obligation that does not otherwise appear;(b) resolve a genuine ambiguity solely in Provocative Media’s favor;(c) override a controlling separate agreement; or(d) materially expand a provision through implication.16.26 Inclusive Language and Examples
The words “include,” “includes,” and “including” mean “including without limitation,” unless the context clearly requires otherwise.Examples are illustrative and do not limit a provision to the examples listed.Unless the context requires an exclusive choice, “or” is inclusive and may mean one, more than one, or all listed alternatives.16.27 Singular, Plural, Persons, and Documents
Unless the context requires otherwise:(a) the singular includes the plural;(b) the plural includes the singular;(c) a reference to a person includes an individual or legally recognized entity;(d) a reference to an entity includes its permitted successors and assigns;(e) a reference to a document includes valid amendments and replacements; and(f) a reference to law includes applicable amendments, successor provisions, and implementing regulations.16.28 Mandatory and Discretionary Language
In these Terms:(a) “must” and “shall” ordinarily indicate a mandatory contractual obligation;(b) “may” ordinarily indicates permission or discretion;(c) “may, but is not required to” confirms that an action is discretionary;(d) “should” ordinarily identifies a recommendation or precaution rather than a contractual obligation; and(e) “will” may indicate either an obligation or a future action, as determined from the context.A drafting convention does not override the actual text, purpose, or applicable law.16.29 Reasonableness and Materiality
Where these Terms use a standard such as:(a) reasonable;(b) reasonably necessary;(c) appropriate;(d) material;(e) legitimate;(f) proportionate; or(g) good faith,the standard will be evaluated from the relevant facts and circumstances.Relevant considerations may include:(a) the nature of the Website;(b) the seriousness of the conduct;(c) the information available at the time;(d) legal and security risks;(e) effects on other persons;(f) operational feasibility;(g) the parties’ legitimate interests; and(h) applicable law.Provocative Media’s initial determination is not automatically conclusive in a legal proceeding.16.30 Days, Deadlines, and Time Zone
Unless expressly stated otherwise:(a) “day” means a calendar day;(b) “Business Day” means Monday through Friday, excluding federal holidays observed in Pennsylvania;(c) references to a time of day mean Eastern Time in the United States;(d) a deadline is not automatically extended merely because it falls on a weekend or holiday unless these Terms, a binding agreement, or applicable law provides an extension; and(e) legally prescribed deadlines remain governed by the applicable law.A binding separate agreement may establish a different time zone, Business Day definition, or deadline rule.16.31 Currency
Unless expressly stated otherwise, references to:(a) dollars;(b) “$”;(c) USD; or(d) monetary amountsmean lawful currency of the United States.Website pricing and compensation descriptions remain preliminary unless confirmed in a binding agreement.16.32 English-Language Version
The English-language version of these Terms is the controlling version to the extent permitted by applicable law.A translation may be provided for convenience or accessibility.If a translation conflicts with the English version, the English version will control unless:(a) applicable law requires the translated version to control;(b) the translation was expressly adopted as the governing version;(c) a binding separate agreement provides otherwise; or(d) another mandatory language requirement applies.Nothing in this Section eliminates a legally required translation, language-access right, or disclosure requirement.16.33 No Unilateral Modification by a Website User
You may not modify these Terms merely by:(a) adding language to a Website form;(b) including contrary terms in an email;(c) sending a purchase order;(d) posting terms on another Website;(e) adding footer language to a communication;(f) labeling a document confidential;(g) sending a unilateral notice; or(h) taking another unilateral action.A modification becomes effective only through:(a) the process in Article 15;(b) a binding separate agreement;(c) a legally sufficient amendment accepted by authorized parties; or(d) another modification recognized by applicable law.16.34 Written and Oral Modifications
Provocative Media intends that a modification or waiver of these Terms be documented in a legally sufficient written or electronic record accepted by an authorized person.An oral statement, telephone conversation, informal discussion, or unauthorized communication does not ordinarily modify these Terms.This Section does not prevent an oral modification, waiver by conduct, estoppel, or other modification from being established where applicable law recognizes it.A person asserting an oral or implied modification remains responsible for establishing:(a) the authority of the person who allegedly agreed;(b) the definite terms of the modification;(c) legally sufficient assent;(d) any required consideration or reliance;(e) satisfaction of an applicable statute of frauds; and(f) any other applicable requirement.16.35 Unauthorized Statements
Provocative Media is not bound merely because a person lacking authority makes a statement concerning:(a) Provocative Media’s obligations;(b) Website permissions;(c) pricing;(d) Creator compensation;(e) Campaign availability;(f) Services;(g) contractual terms;(h) policies; or(i) another business matter.This Section does not eliminate responsibility where applicable law establishes:(a) actual authority;(b) apparent authority;(c) ratification;(d) estoppel;(e) reasonable legally protected reliance; or(f) another basis for attributing the statement to Provocative Media.Provocative Media may require material statements or approvals to be confirmed through an authorized written process.16.36 Compliance With Applicable Law
You must use the Website and interact with Provocative Media in compliance with laws and obligations legally applicable to your conduct.Applicable requirements may include:(a) federal law;(b) state and local law;(c) court orders;(d) regulatory requirements;(e) intellectual-property rights;(f) privacy and communications law;(g) confidentiality duties;(h) contractual restrictions; and(i) Platform Rules legally applicable to your account or activity.Where these Terms permit conduct prohibited by applicable law, the law controls.Where applicable law permits stricter contractual restrictions, those restrictions may continue to apply.
17. CONTACT INFORMATION
17.1 Company and Website Information
The Website is operated by:Provocative Media LLCWebsite: provocativemedia.comGeneral Business Email:[INSERT GENERAL BUSINESS EMAIL]Business Mailing Address:[INSERT BUSINESS MAILING ADDRESS]The Business Mailing Address is provided for ordinary business correspondence unless a separate agreement or applicable law expressly designates it for another purpose.Publication of an address in these Terms does not, by itself:(a) designate the address as Provocative Media’s registered office;(b) designate the address as an agent for service of process;(c) authorize service of process by mail;(d) establish that Provocative Media maintains a public office at that location; or(e) authorize in-person visits.17.2 General Website and Business Inquiries
Questions concerning:(a) the Website;(b) Website Content;(c) Provocative Media’s general Services;(d) potential Brand relationships;(e) potential Creator relationships;(f) sponsorship or Campaign inquiries;(g) vendor inquiries;(h) partnership or referral opportunities;(i) technical Website issues; or(j) other general business mattersmay be submitted through the Website contact form or General Business Email.Submitting an inquiry does not guarantee:(a) a response;(b) review within a particular period;(c) Creator representation;(d) Brand Services;(e) a Campaign;(f) a vendor engagement;(g) a partnership;(h) an agreement; or(i) another business relationship.17.3 Privacy Requests and Questions
Questions, requests, complaints, and appeals concerning Provocative Media’s processing of personal information may be directed to:Privacy Email:[email protected]Privacy rights requests may also be submitted through any additional method identified in the Privacy Policy.Depending on applicable law, a request may concern:(a) access to personal information;(b) correction;(c) deletion;(d) a copy or portability of personal information;(e) withdrawal of consent;(f) objection or restriction;(g) marketing preferences;(h) sale, sharing, targeted-advertising, or profiling choices;(i) limitation of certain sensitive-information uses;(j) authorized-agent requests;(k) appeals;(l) information concerning a Child or Minor; or(m) another right described in the Privacy Policy.Provocative Media may request information reasonably necessary and legally permitted to:(a) identify the requester;(b) locate responsive information;(c) verify identity;(d) verify an authorized representative’s authority;(e) protect personal information; or(f) prevent fraudulent requests.Verification information will be used only for the applicable verification, security, recordkeeping, or legal purpose.A requester should not send unnecessary:(a) government identification documents;(b) Social Security numbers;(c) passwords;(d) account credentials;(e) payment information;(f) medical records; or(g) other highly sensitive informationunless Provocative Media specifically requests the information through an appropriate process.17.4 Security, Fraud, and Impersonation Reports
Suspected:(a) phishing;(b) impersonation;(c) fraudulent payment instructions;(d) unauthorized use of Provocative Media’s name or branding;(e) malicious links or attachments;(f) account compromise;(g) unauthorized disclosure;(h) security incidents; or(i) other suspicious communications involving Provocative Mediamay be reported to:Security Contact:[email protected]A report should include, where reasonably available:(a) a description of the issue;(b) relevant dates and times;(c) the email address, telephone number, domain, Website, profile, or account involved;(d) screenshots or message headers;(e) the action already taken, if any;(f) any immediate risk known to the reporter; and(g) contact information where a response is requested.A report should not contain:(a) passwords;(b) authentication or recovery codes;(c) unrestricted account credentials;(d) complete financial-account information;(e) complete payment-card information; or(f) unnecessary sensitive personal information.Submitting a report does not authorize:(a) security testing;(b) attempted unauthorized access;(c) exploitation of a vulnerability;(d) disruption of the Website or another system;(e) access to another person’s information; or(f) another activity prohibited by these Terms or applicable law.17.5 Accessibility Contact
A person experiencing difficulty accessing Website Content, using a Website form, or completing another Website function may contact Provocative Media through:(a) the General Business Email;(b) the Website contact form; or(c) another accessibility contact method published through the Website.An accessibility report may identify:(a) the affected page, document, form, or feature;(b) the information or function the person was attempting to access;(c) the nature of the difficulty;(d) a preferred reasonable alternative method for receiving the information or completing the interaction; and(e) contact information where a response is requested.Information concerning the person’s:(a) device;(b) browser;(c) operating system; or(d) assistive technologymay be provided voluntarily where it would assist investigation but is not required.A person does not need to disclose:(a) a medical diagnosis;(b) medical records;(c) detailed disability information; or(d) other unnecessary sensitive informationto report an accessibility issue.Provocative Media may investigate the report and, where appropriate, provide:(a) an alternative format;(b) an alternative communication method;(c) assistance completing an inquiry;(d) a technical correction; or(e) another reasonable response.17.6 Intellectual-Property Permission Requests
Questions concerning permission to reproduce, display, publish, distribute, adapt, license, or otherwise use Provocative Media’s:(a) Website Content;(b) written copy;(c) photographs;(d) graphics or icons;(e) logos;(f) trademarks;(g) service marks;(h) branding;(i) forms;(j) templates; or(k) other intellectual propertymay be directed to:Intellectual-Property Email:[INSERT INTELLECTUAL-PROPERTY EMAIL]Until a separate Intellectual-Property Email is published, requests may be sent to the General Business Email.A permission request should identify:(a) the specific material;(b) the proposed use;(c) whether the proposed use is commercial;(d) the intended audience;(e) the distribution method and Platforms;(f) the requested duration and territory;(g) proposed modifications;(h) requested attribution; and(i) the requester’s name and contact information.Submitting a request does not grant permission.Permission is granted only through express written authorization from a person with authority to approve the applicable use.17.7 Copyright and Other Rights Reports
A person who reasonably believes that material displayed through the Website infringes that person’s:(a) copyright;(b) trademark;(c) publicity right;(d) privacy right; or(e) other intellectual-property or proprietary rightmay submit a report through the Intellectual-Property Email or, until that address is published, through the General Business Email.The report should include, where applicable:(a) identification of the right allegedly infringed;(b) identification of the protected work, mark, identity, or material;(c) the location of the allegedly infringing Website material;(d) the reporting person’s name and contact information;(e) information concerning ownership or authority;(f) a good-faith explanation of why the use is believed to be unauthorized; and(g) reasonably available supporting information.Provocative Media may request additional information reasonably necessary to evaluate the report.Provocative Media is not required to:(a) adjudicate an ownership dispute;(b) provide legal advice;(c) disclose privileged or confidential information;(d) make a final legal determination concerning infringement; or(e) act on a materially incomplete, fraudulent, or unsupported report.17.8 Digital Millennium Copyright Act Agent
Unless Provocative Media separately publishes an active designated-agent notice, the contact methods in Sections 17.6 and 17.7 are general intellectual-property reporting methods and do not represent that Provocative Media has registered a designated agent under the Digital Millennium Copyright Act.If Provocative Media registers a designated agent, it may publish a separate notice identifying the agent’s required:(a) name;(b) mailing address;(c) telephone number;(d) email address; and(e) other legally required information.Any formal DMCA notice-and-counter-notice procedure will be governed by:(a) the separately published procedure;(b) the active Copyright Office designation;(c) applicable law; and(d) the facts of the applicable claim.17.9 Communications Concerning Active Relationships
Communications concerning an active Brand, Creator, vendor, contractor, referral, or Campaign relationship should be sent to the contact person or communication channel designated for that relationship.Operational communications may include:(a) Deliverables;(b) revisions;(c) approvals;(d) publication schedules;(e) Campaign requirements;(f) invoices and payments;(g) usage rights;(h) paid advertising or whitelisting;(i) exclusivity;(j) compliance;(k) reporting; and(l) performance concerns.A general Website contact form or General Business Email does not replace a procedure expressly required by a binding agreement.17.10 Formal Contractual Notices
A notice concerning:(a) breach;(b) termination;(c) nonrenewal;(d) indemnification;(e) Force Majeure;(f) assignment;(g) dispute resolution;(h) formal approval;(i) payment default; or(j) another formal contractual mattermust be delivered according to the notice provisions of the applicable binding agreement.A formal contractual notice is not effective merely because it was sent through:(a) a public Website form;(b) social media;(c) a text message;(d) a scheduling Platform;(e) the General Business Email; or(f) another informal communication methodunless the applicable agreement or applicable law recognizes that method.17.11 Legal Correspondence
Legal correspondence concerning these Terms may be directed to:Provocative Media LLCLegal Contact Email:[INSERT LEGAL CONTACT EMAIL]Legal Correspondence Address:[INSERT LEGAL CORRESPONDENCE ADDRESS]Sending legal correspondence to the Legal Contact Email or Legal Correspondence Address does not, by itself:(a) constitute service of process;(b) waive a defense relating to service;(c) constitute formal notice under a separate agreement;(d) establish acceptance of electronic service;(e) commence a contractual dispute procedure; or(f) extend or suspend a legal deadline.The effect of a communication will depend on:(a) applicable law;(b) the applicable agreement;(c) the method of delivery;(d) the communication’s content; and(e) the surrounding circumstances.17.12 Service of Process
The contact information in this Article is provided for ordinary business, privacy, security, accessibility, intellectual-property, and legal correspondence.It does not constitute advance consent to service of process by:(a) email;(b) Website form;(c) social-media message;(d) text message;(e) file-sharing link;(f) ordinary mail; or(g) another method not authorized by applicable procedural law.Service of a summons, complaint, subpoena, petition, or other legal process must comply with:(a) applicable procedural law;(b) an applicable court order; or(c) a legally valid agreement expressly authorizing the method used.17.13 Governmental and Regulatory Communications
A governmental authority may deliver an official communication through a method authorized by applicable law.Provocative Media may reasonably verify:(a) the identity of the authority;(b) the authenticity of the request;(c) the authority supporting the request;(d) the scope of the requested information;(e) the applicable response deadline; and(f) whether notice to an affected person is permitted or required.Nothing in this Article requires Provocative Media to:(a) disclose information without legal authority;(b) waive a legal privilege;(c) disclose information outside the lawful scope of a request;(d) disregard an applicable confidentiality obligation; or(e) waive a legally available objection.17.14 Identity and Authority
A person submitting a material instruction, privacy request, intellectual-property complaint, or communication on behalf of another person or organization may be required to provide reasonable evidence of identity or authority.Depending on the circumstances, Provocative Media may request:(a) written authorization;(b) confirmation from the represented person;(c) organizational contact information;(d) confirmation of position or responsibility;(e) parental or guardianship documentation;(f) attorney or agent authorization; or(g) other information reasonably necessary and legally permitted to verify authority.Provocative Media will not request more information than is reasonably necessary for the applicable purpose.Where an attorney or other representative has established authority, Provocative Media will communicate through that representative to the extent required by applicable law, professional rules, or a binding agreement.An anonymous or incomplete report may limit Provocative Media’s ability to investigate or respond but will not automatically be disregarded solely because the reporter did not identify themselves.17.15 No Emergency Services or Guaranteed Response
The Website, forms, email addresses, and contact methods identified in this Article are not emergency services and are not continuously monitored.They should not be used to report:(a) an immediate threat to life or physical safety;(b) an active crime requiring emergency intervention;(c) a medical emergency;(d) a fire;(e) an urgent threat to property; or(f) another matter requiring an immediate response from public emergency services.A person facing an emergency should contact the appropriate emergency authority.Provocative Media does not guarantee a particular response time for general inquiries.Response times may depend on:(a) the nature of the communication;(b) its completeness;(c) verification requirements;(d) complexity;(e) business volume;(f) availability of relevant personnel or advisers;(g) contractual deadlines; and(h) applicable legal deadlines.Nothing in this Section extends a deadline imposed by law, court order, or a binding agreement.17.16 Confidentiality and Sensitive Information
Contacting Provocative Media does not automatically create:(a) an attorney-client relationship;(b) another professional privilege;(c) a fiduciary relationship;(d) a Creator representation relationship;(e) an agency relationship;(f) a nondisclosure agreement; or(g) another confidential or professional relationship.Before appropriate protections and a suitable communication method are established, a person should not send unsolicited:(a) trade secrets;(b) privileged communications;(c) unreleased business plans;(d) passwords;(e) authentication codes;(f) payment credentials;(g) unrestricted Platform credentials;(h) sensitive personal information; or(i) other highly confidential information.This Section does not eliminate confidentiality arising from:(a) applicable law;(b) a binding nondisclosure agreement;(c) a commercial agreement;(d) the context of specifically requested information;(e) the Privacy Policy; or(f) another legally recognized obligation.17.17 Preservation and Use of Communications
Subject to the Privacy Policy, applicable agreements, and applicable law, Provocative Media may retain communications and related records for purposes including:(a) responding to an inquiry;(b) administering a relationship or Campaign;(c) verifying instructions;
(d) maintaining business records;(e) recording communication preferences;(f) investigating fraud or abuse;(g) addressing privacy or security concerns;(h) resolving disputes;(i) complying with legal obligations; and(j) establishing, exercising, preserving, or defending legal rights.Retention of a communication does not mean that:(a) its contents have been accepted;(b) every statement has been verified;(c) the sender possesses authority;(d) the communication creates a contract; or(e) the communication is legally conclusive.17.18 Changes to Contact Information
Provocative Media may change a contact form, email address, mailing address, telephone number, department, or other contact method.Updated information may be published through:(a) the Website;(b) these Terms;(c) the Privacy Policy;(d) direct communication;(e) an applicable agreement; or(f) another appropriate notice.Updated Website contact information will control prospectively for new general correspondence after it is published.A change to Website contact information does not automatically:(a) invalidate a communication properly sent to a previously authorized address before notice of the change;(b) amend the notice provision of a binding agreement;(c) alter a legally required contact method;(d) affect service of process; or(e) shorten a legal or contractual deadline.17.19 Questions Concerning These Terms
Questions concerning these Terms may be directed to the General Business Email or Legal Contact Email.Provocative Media may provide general information concerning the meaning or operation of these Terms but does not provide legal advice to Website users.A response to a question does not:(a) amend these Terms;(b) waive a provision;(c) create a new obligation;(d) override a binding agreement;(e) establish authority where none exists; or(f) constitute a legal opinionunless an authorized representative expressly agrees through a legally sufficient written instrument.17.20 Relationship to Other Provisions
This Article should be read together with the provisions concerning:(a) intellectual property;(b) User-Submitted Materials;(c) Third-Party Services;(d) Website availability;(e) privacy and electronic communications;(f) governing law and venue;(g) service of process;(h) changes to these Terms;(i) general provisions; and(j) separate agreements.Where another Article or binding separate agreement provides a more specific contact, notice, submission, or communication procedure, the more specific procedure controls.17.21 Nonwaivable Rights
Nothing in this Article:(a) invalidates a legally effective communication;(b) eliminates a privacy-request method required by applicable law;(c) prevents a lawful accessibility request;(d) prevents a good-faith security or infringement report;(e) authorizes rejection of a legally protected complaint solely because it is anonymous;(f) waives a legally required notice procedure;(g) authorizes unlawful verification demands;(h) establishes consent to electronic service of process; or(i) limits a right that applicable law does not permit the parties to waive.
Accessibility.
This page is maintained by Provocative Media LLC to explain how we approach accessibility on our website and how to reach us if you encounter a barrier.
1. OUR COMMITMENT
Provocative Media LLC is committed to making its website usable by as many people as possible, including people who use assistive technologies such as screen readers, screen magnifiers, speech-recognition software, and keyboard-only navigation.This statement is maintained by Provocative Media and describes the current state of accessibility on our website. It is not a certification and does not represent an independent audit.
2. STANDARD WE WORK TOWARD
We aim to align our website with the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, as a practical target for design and development decisions.Accessibility is treated as an ongoing effort rather than a one-time project. Content, forms, and features are reviewed as the site changes.
3. MEASURES TAKEN ON THIS WEBSITE
Current measures on the site include:(a) semantic page structure with a single main heading per page and ordered heading levels;(b) keyboard operability for links, buttons, form fields, and modal dialogs, including visible focus indicators;(c) modal dialogs that can be closed with the Escape key and that return focus to the page behind them;(d) text alternatives for meaningful images and accessible names for icon-only controls;(e) form fields with associated labels and clear placeholder and error text;(f) color combinations chosen for contrast, with color never used as the only means of conveying information;(g) responsive layouts that support zoom, larger text sizes, and small screens; and(h) reduced-motion handling so that animated elements respect operating-system motion preferences.
4. KNOWN LIMITATIONS
Some areas of the website may not yet fully meet our target standard. Known or possible limitations include:(a) continuously scrolling content, which may be harder to read for some users;(b) third-party content, embedded media, or external platforms that we do not control; and(c) long legal documents, where dense formatting can make navigation slower.If you encounter a barrier that is not listed here, we would like to hear about it so it can be addressed.
5. THIRD-PARTY CONTENT
Our website may link to or display content operated by third parties, including social-media platforms and hosting or form providers. Provocative Media does not control the accessibility of third-party services, but we will work with providers where reasonably possible to improve access.
6. ALTERNATIVE WAYS TO REACH US
If any part of this website prevents you from contacting us or submitting an inquiry, you may reach us directly by email and we will provide the same information or assistance through another channel.Email: [email protected]
7. FEEDBACK AND REQUESTS FOR ASSISTANCE
We welcome feedback on the accessibility of this website. When reporting an issue, it helps to include:(a) the page address where the issue occurred;(b) a description of the problem;(c) the browser, operating system, and any assistive technology you were using; and(d) the steps that produced the issue.Send accessibility feedback to [email protected]. We aim to acknowledge accessibility requests promptly and to respond with a plan or an alternative means of access.
8. UPDATES TO THIS STATEMENT
This statement may be updated as the website changes or as accessibility improvements are made. Continued use of the website following an update is subject to our Website Terms and Conditions and Privacy Policy.
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